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Original poster

Son knocked off bike, car dented, do I pay?

398 replies

Oliphantitus · 18/10/2019 18:49

Hello, my son was knocked off his bike and left a large dent in the car which knocked him off. I didn't see the accident but he thinks he came out our gate fast, and I think the driver was going too fast as she couldn't stop. ( Son is ok, spent lots of time in hospital but no real injury, phew).

She is sending me the bill through her insurance, but I don't know which insurance I have which will cover it. It happened on a road so don't think it will be home insurance. It didn't involve my car so can't be vehicle insurance? I have no money at the moment so a bit worried. Any advice appreciated...

OP posts:

57Varieties · 20/10/2019 13:23

Tell her to fuck off and sort it with her insurance.

Don’t worry about it, they’re not going to pursue a 12 year old boy, they’ll just pay up for her car. It might put her premium up next year but tough shit, that’s life.

57Varieties · 20/10/2019 13:28

Regarding "fault", keep in mind that in car insurance land the word has a different meaning to what it does in everyday life. To a car insurer "fault" is solely about who ends up paying. For example if you car is hit while parked and the driver responsible cannot be traced, the claim goes down as "your fault".

Well exactly. If someone steals your car or sets fire to it that’s not your fault either, it’s still your insurance that has to take the hit! That’s the point of having (comprehensive) insurance.

57Varieties · 20/10/2019 13:30

Even if your child is responsible, your child is not insured, which means that the drivers insurance company pays for the damage, but can’t claim off you
Yes they can

They aren’t going to sue a bloody 12 year old! Get a grip. They don’t give a shit, they’ll pay what they have to and hike the driver’s premium next year.

57Varieties · 20/10/2019 13:33

Bruffin, keeping posting the same thing again and again doesn’t make it any less vanishingly unlikely to happen.

Texakana1 · 20/10/2019 14:36

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

brighteyeowl17 · 20/10/2019 15:11

If a kid isn’t looking and shoots out into road how can a driver anticipate this???

bruffin · 20/10/2019 15:25

from the attached for those who say the child has no assets
"Where the child could be found negligent in law, and lives with their parents in a home which has building and contents insurance covering the risk of paying compensation for negligent acts by a household member, including children"

thenightfury · 20/10/2019 15:50

This exact same thing happened to my little sister last year, her head went through the windscreen. Bike destroyed and because she apologised on the scene (she was 10) the driver claimed on her insurance and sent my DM a £3000 bill. My DM counter claimed for injury. Luckily Dsis is ok but couldn't walk for a few days and missed a couple of weeks of school, she's now utterly terrified of roads ☹️

thenightfury · 20/10/2019 15:53

To be clear, the driver was at fault, she was going 30mph in a 20 zone and hit my sister head on, hard enough to smash the windshield. If you work and are in some sort of union, lots offer 30mins free consultations with a solicitor if need be!

Jaxhog · 20/10/2019 15:59

it is a bendy road so sight is limited. I always crawl up because there are always loads of walkers and dogs. etc.

It is a driver's responsibility to drive according to the conditions. So if you can't see, you slow down. Glad your DS is ok, but the driver will need to take responsibility for this.

iklboo · 20/10/2019 16:10

Was your son an a motorbuke, such as a Dodge Tomahawk or a Suzaki Hayabusa?

I doubt it. He's 12.

Xenia · 20/10/2019 20:03

Do we know the age of the son (10 being potentially material here (or over))?

Baguetteaboutit · 20/10/2019 21:29

Why is being older than ten of interest when it's not a criminal matter?

puppyconfetti · 20/10/2019 21:36

@Xenia

Literally the post above yours answers your question

bookwormsforever · 20/10/2019 22:50

The driver should be capable of performing an emergency stop without any notice.

@Sb74, well, that’s kind of the definition of an emergency stop; drivers have no notice. But that doesn’t mean they can stop instantly and not avoid a child who has cycled right out at them. Physics doesn’t work like that. A car travelling at x speed has a y braking distance...

bookwormsforever · 20/10/2019 22:53

Even doing 10mph on such single Country lane used as a footpath, is dicey. The driver is "at fault" in this case.

Wtf? @Ryanandryan, do you often drive at 10mph on country roads? What a pita.

bookwormsforever · 20/10/2019 22:56

if you don’t know that a child on a bike has more priority right of way on a public road than someone driving a car then may I digest that you hand your driving license to the nearest police officer as soon as possible.

@MollyMinniesMum - licence. License is US English. ‘Digest’ - suggest? Can you point out the part of the Highway Code that says that a child on a bike has priority over a road user actually on the road?

Banj0girl · 20/10/2019 23:21

You should not have to pay.
Some years ago my husband was involved with a similar accident when a child came out from behind a hedge at the edge of a road. He was going slowly and she just appeared out of the blue. He had no chance of avoiding her. The police did get involved but there was no evidence that he was at fault. But he still had to pay for the damage caused on his insurance.

Wildorchidz · 20/10/2019 23:34

Is the request for payment coming from her directly? Or is her insurance company seeking to recoup its costs ? If it’s thd insurance company then it’s out of her hands?

L1SG · 21/10/2019 20:45

I’m not sure how or why any decent human being would even expect you to pay. If I’d hit a child (regardless if they came out of the blue) I’d just be happy that the child was alive. Since when do motorists claim damages / repair charges from children. Don’t commit to anything and don’t pay!

Rubypolkadot · 25/10/2019 11:57

I’m a bit late to this one, OP, I hope DS is ok! Having spent some time in insurance and claims, I can tell you with 100% conviction you nor DS regardless of age are liable to give the driver anything.

It’s the driver’s responsibility to ensure they look out for hazards, if DS was walking and driver hit him it would be out of the question for her to send you a bill but because he was on a bike she feels he’s to blame.

On this occasion it’s not about who was at fault it’s about who was driving the insurable vehicle and who wasn’t. It’s her responsibility to watch out and make sure she doesn’t hit anything/anyone. If she had gone in to the back of parked car at the same spot she could still only blame herself I’m afraid.

Please do not pay this woman anything. If you’re seeking confirmation of this, ask for her insurance details and speak to her insurers who will clarify the exact same. It’s one of the first things you’re taught, if a driver hits a person, a cyclist, or a static vehicle they are at fault regardless of the circumstances. If she continues to harass you I implore you to get confirmation in writing and provide it to her if not the police. People can be vile but that doesn’t mean you have to give in to them.

MisfitNinja · 09/11/2019 15:52

She knocked your child off his bike and expects you to pay for the privilege?!

No way should you pay. She is being a CF.

Sahej · 12/11/2019 00:15

@Oliphantitus oh my god you can't be that dumb surely! Some one knocks your kid off his bike and you're wondering how to pay???? Absolutely crazy

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