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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:
whyamidoingthis · 18/10/2019 19:10

Woops. Slow typing. I see the dent is at the front. Harder to prove who's at fault.

Imagine the road we go down if car drivers can bill the people they hit

It's not clear here whether she hit him or he cycled straight out in front of her. Of course car drivers can bill people they collide with if the other person is at fault.

SleepyKat · 18/10/2019 19:10

A 12yo can’t be held liable and it’s unlikely that there would be sufficient evidence to say that you were neglectful in your parenting to a level that you could be held liable for the damage.

I would totally agree that she should be thanking her lucky stars that you’re not suing her for personal injury/compensation.

When I was younger a small child ran out from behind a tall hedge and hit my car. I was doing 20mph and didn’t have time to stop. I believe she actually hit my car rather than me hitting her as the dent was on the side of the car/front wing. Her dad saw it all and said it was no way my fault.

I had to pay for the ambulance and had a significant dent in the car and even at 18yo I was sensible enough to know that demanding money off the family of an under age pedestrian I’d hit wasn’t the done thing even if it was their fault.

I can see it’s possibly his fault and that sometimes you can be driving slowly but still not have time to react if if someone bombs out directly infront of you. At 20mph the stopping distance is 12m. If someone jumps out 5m infront of you then you can’t avoid them. But she has insurance and needs to claim on that.

WoollyMollyMonkey · 18/10/2019 19:10

Also if you or your husband are in a union they usually offer free legal assistance to members.

Scarydinosaurs · 18/10/2019 19:11

OP you’ve not explained what happened at all.

Did your son ride into her car, or did she drive into your son?

BobTheDuvet · 18/10/2019 19:11

This reply has been deleted

Message withdrawn at poster's request.

Fluffycloudland77 · 18/10/2019 19:11

Fucking cheek of her! I wouldn’t even think of paying up.

Timeywimey10 · 18/10/2019 19:11

She has insurance. You son (and you) do(es) not. And your son is 12. She is an adult.

Tell her to claim on her insurance. Her premium is going to go up anyway, she had an accident. Doesn't matter whose fault it was.

Billballbaggins · 18/10/2019 19:12

As a driver you can’t drive exceptionally slowly just in case a kid on a bike, dogs, cats etc fly out of a side gate at you. Surely you wouldn’t be responsible?

The law is you drive according to road conditions. Exactly the opposite to what you’re saying here. So if you’re driving round a housing estate with loads of driveways and houses and parked cars you should be driving below the speed limit in anticipation of a child running out or someone driving off their driveway.

Seriously I hope all the people saying ‘sometimes it’s not the drivers fault’ or telling the OP her son is responsible are not drivers, please stop posting false information.

PuppyMonkey · 18/10/2019 19:12

She is sending me the bill through her insurance

I’d be interested to see what this insurance company letter looks like.Hmm Definitely don’t do anything until you see it (you maybe never will) then counter sue.

needasleep · 18/10/2019 19:13

Hi I hope your son is OK. Your household insurance covers you for public liability, she/her insurers would need to prove your son was negligent for her to claim to succeed. If you call your household insurers they will be able to advise you.

Original poster
Oliphantitus · 18/10/2019 19:13

Freshwater, he does have injuries, or injury....he has a damaged leg but not broken. He can't walk on it so has a stookie and crutches.

OP posts:
SamBeckettslastleap · 18/10/2019 19:13

I can't see how a minor can be liable. She will have to claim off her insurance a bit like she would of she hit a deer.

Timeywimey10 · 18/10/2019 19:14

(and this is why the policies of the insurers to increase your premiums no matter what are so ridiculous. We PAY for insurance so we can claim for accidents when they happen. But there are so many disincentives to do so!)

In most other European countries the driver would be automatically deemed at fault in this situation and evidence would be required to rebut that assumption. Im not sure I would like to see that in the UK, but I do want to see drivers taking more care generally in their metal boxes on wheels.

Lucked · 18/10/2019 19:14

Let’s call it a genuine accident. This is why drivers have insurance.

I would just that this is not covered by any of your insurance and she she should claim on her own.

Baguetteaboutit · 18/10/2019 19:16

Of course car drivers can bill people they collide with if the other person is at fault.

No. You could take them to a small claims court and make your case, you can't just send a bill if you think the person who you collided your car into was at fault.

Original poster
Oliphantitus · 18/10/2019 19:18

Scary dinosaur, I didn't see the accident, my son was in shock and said he cycled out and suddenly was on her bonnet.

OP posts:
fluffygal · 18/10/2019 19:19

Someone hit my dog after my daughter opened the front door and she ran out- I paid to fix the drivers headlight. It was my fault the dog got out, not the drivers. Poor driver was traumatised! Dog was fine, just scared the whole street!

I don't know what legal leg she has to stand on, I think if it was my son I would probably feel I should pay, he shouldn't have been in the road. But if you can't afford it, you can't afford it! Guess she could try taking you to court.

AreYouSiriusLupin · 18/10/2019 19:20

Do not pay her a penny! Utterly ridiculous.

I am glad your son is ok.

stuffedpeppers · 18/10/2019 19:20

He was infront of her and she failed to stop.

She rear impacted him - this was not his fault. If he had side impacted then he as at fault.

Exactly same rule as for rear impact cars - she rear impacted him.

Do not pay.

PuppyMonkey · 18/10/2019 19:21

Were there any witnesses OP?

combatbarbie · 18/10/2019 19:21

You said yourself you were being a wet lettuce st the scene.... And understandably so, I'm guessing you are still in shock as you still want to pay for the damage. Hopefully in morning when you see your son in pain after trying to get some sleep with a damaged leg your emotions will turn to that of anger, regardless of who is at fault.... She could have killed him if he'd gone under the wheels. I sure as hell would not be paying anything or looking at my insurance policies..... Her car caused an injury to your son, i would be claiming off her insurance for his injuries.

Where did her car stop in relation to your gate? The distance will be able to tell you if she was speeding or not.

CodenameVillanelle · 18/10/2019 19:22

She is not definitely at fault, if he came out into the front of her how could she have stopped?
BUT legally you aren't liable and her insurance should cover the repairs if she has fully comp. if she has chosen to have 3rd party then that's a risk she took and she'll have to pay to fix it. That's just a risk you take having a car.

Beautiful3 · 18/10/2019 19:23

Ths driver is at fault. You should make a claim for his bike and stay in hospital. Look at your house insurance, do you have legal cover? It will cover you. I used mine, it was worth it.

CheeseCakeSunflowers · 18/10/2019 19:24

Do you have public liability cover on your home insurance. If so I think there may be a possibility that it covers this but you would need to check with your insurance company.

BobTheDuvet · 18/10/2019 19:25

This reply has been deleted

Message withdrawn at poster's request.