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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:
Windydaysuponus · 18/10/2019 19:25

She is a chancer.
So not pay her anything op.
Bet she isn't insured that's why she is trying to get you to pay up....

Oliphantitus · 18/10/2019 19:26

Thank you again everyone.

OP posts:
Findumdum1 · 18/10/2019 19:26

Legally, she is at fault and needs to claim in her car insurance. End of. You do nit need to do anything except give her insurance company the police reference number, which you can ask them fir if you didn't get it at the time.

NerrSnerr · 18/10/2019 19:27

I'd love to know how posters know she is definitely at fault? Even if you're going 10moh you'll still hit someone if they step right in front of your car.

We don't know how fast she was going and we don't know how close she was to the boy when he pulled out so we don't know who is at fault.

Whoever is at fault I do agree that the OP shouldn't be paying.

Baguetteaboutit · 18/10/2019 19:27

Surely the police would have checked that the driver was insured windy?

BoomBoomsCousin · 18/10/2019 19:27

There is a difference between criminal liability for a driver and civil liability. Just because the police don’t intend charging the driver with anything doesn’t mean that it was your son’s fault - they aren’t charging your son with anything either. You should be able to get a copy of the police report on the accident which may be useful for a solicitor when trying to work out if you have any liability. I think you should check out your household insurance to see if you have legal coverage and talk to someone who is actually qualified, not a bunch of people on mumsnet, but if you don’t and the cost of legal advice seems prohibitive, try posting on a specialist UK cycling forum and seeing if there is more knowledgeable advice there (though bear in mind it will be probably just as full of amateur opinions as mumsnet so look for responses able to back up what they say) or pointers to legal resources.

mumwon · 18/10/2019 19:29

apparently as dc is juvenile car driver is just trying it on -

hennaoj · 18/10/2019 19:30

Billballbaggins

A number of years ago my husbands car was hit buy a child on a bike. Side of the car, on the rear most panel. The car was going at about 5mph, slowing to a halt because we were coming up the the junction to leave the estate. The child had come fast, off their parents drive from between the van and car that were parked on the drive.
How can that possibly have been my husbands fault?

Taswama · 18/10/2019 19:30

I don’t think you should pay. Your home insurance may be able to give you legal advice, but for the future you might want to consider joining cycling U.K. who include insurance and cycling advice as part of their membership.

itsgettingweird · 18/10/2019 19:30

Legally I suspect that she is reliable for the damage through her car insurance because it was a cyclist.

It would be good if you can contribute because it sounds like your son shot out in front of her. But if you can't then you can't.

Ohdeariedear · 18/10/2019 19:30

I was knocked off my bike by a car and left a nice dent in the bonnet of the car. The driver never mentioned her damage, but gave me her details to claim for the damage to my bike/helmet etc. I was injured so used my legal cover on my house insurance to claim, but it’s important to note they would only take me on as a Personal Injury claim, not simply to claim for the damage to my bike etc (although that was bundled into the overall claim).

Hope your son is OK OP, it messed with my head for along time after.

Branleuse · 18/10/2019 19:30

you dont have to pay the bloody car driver if they run you over. She could have killed your son. Tell her she is lucky she is not getting done for dangerous driving

6demandingchildren · 18/10/2019 19:34

My son was assaulted and had his head put through a car windscreen (it was parked)
Police told the owners that they would have to claim through their insurance as that's what it is there for.

viques · 18/10/2019 19:35

If I had knocked a 12 year old off his bike the last thing on my mind would be making his parents pay for a dent. I would be on my knees thanking the gods of driving that I hadn't injured or killed him.

It could well be that he was riding a bit too fast, but in a car versus bike contest the bike rider is usually the loser by a country mile as every driver knows.She is trying it on. I wonder if she has made previous claims on her insurance (I'm assuming she has it since e police were involved) and is worried that they will kick up rough about the claim so is trying to put it on you.

Oliphantitus · 18/10/2019 19:36

I really don't know what happened, and because of this I would like the car to be fixed, but through insurance because at the moment I am a bit strapped for cash. I have read all your help and really appreciate you all taking the time to reply. Thanks again.

OP posts:
bobstersmum · 18/10/2019 19:37

Ok, this happened to me a long time ago. I was the driver. I was driving at the correct speed down a side street and a kid came hurtling out from behind a parked car and landed on my bonnet, smashed my windscreen and dented a whole panel on the front wing. He got up and ran off! I ran after him and managed to find out where he lived, I took him to his house just near where it happened and told his parents. His mum said oh not again! And thanked me and shut the door! I knocked again and said I was reporting it to the police just because I felt I should and asked her to take him to be checked out. She huffed and puffed but then agreed. His dad came to look at my car and I gave them all my details. When I phoned the police they noted it all down but said I'd have to claim on my insurance. I couldn't stop thinking about the child and I called round several times for the rest of the day and finally got the news that he was ok. I didn't claim through insurance because I was a young driver I footed the bill myself. I wouldn't have dreamed of asking the parents for money. To this day though I think their behaviour was really odd, they really weren't interested! Apparently he'd been run over a few times though.

Oliphantitus · 18/10/2019 19:39

6demandingchildren I hope your son was ok, that is horrible.
All your replies are making me realise I should not worry about the car but my wee boy. I am going to wait and see!

OP posts:
bloodywhitecat · 18/10/2019 19:39

All these posters baying for the driver's blood surely there comes a point when you are passing a driveway/side road that means you CANNOT stop if a bike/car comes out of that driveway/junction? My ex was involved in a accident whereby a car had come out of a driveway without looking properly and taken out our car, my ex was cleared of all blame and all of the costs for repair came from the other driver.

deplorabelle · 18/10/2019 19:41

Any insurance company that would bill an injured 12 year old for cosmetic repairs to a metal box deserves to get named and shamed.

I am only an amateur speculating but I think the driver has misunderstood. She told you her insurance company will send on the bill? It sounds like she has claimed on her insurance and will be paid out. She is probably just imagining the insurance company will recover costs from your son because she thinks it works that way.

Have you actually received a bill from anyone?

BoomBoomsCousin · 18/10/2019 19:41

If I had knocked a 12 year old off his bike the last thing on my mind would be making his parents pay for a dent. I would be on my knees thanking the gods of driving that I hadn't injured or killed him.

I would feel like this at first. But if he zoomed out right in front of her making it impossible for her to avoid hitting him (and I don’t know that that happened), after I’d got over the shock I would be pretty angry that he was allowed to ride his bike so recklessly putting himself at risk of injury but also putting drivers at risk of hurting him which is a really not nice on drivers. Imagine if she had killed him, how devastated she would be even if it wasn’t something she could avoid. I’d also be peeved if my insurance premiums were liable to go up because of a claim that wasn’t my fault. So at the time I agree the response would and should be one of concern for health but after the fact it isn’t unreasonable to be annoyed if someone else’s irresponsible actions made your life worse.

Stellamboscha · 18/10/2019 19:41

I had this once -reported to my insurance company and they pursued. Those who say the 'driver is always at fault' are wrong. If the child is reckless the parents should pay.

frumpety · 18/10/2019 19:42

The stopping distance is just that , the amount of road you travel down until coming to a full stop , if someone is further away from that distance and you start to stop, you don't hit them. If they run out only a couple of metres in front of your car and you brake the stopping distance doesn't change. Cue child on bonnet of car causing big dent.
The fact that your son wasn't injured seriously suggests she was probably travelling below or around 30mph which I would honestly be grateful for.
A lot of home insurance has included legal cover, it may be worth ringing them and asking if it would be appropriate to use it in this situation.

Oliphantitus · 18/10/2019 19:44

Mumwon. Thank you for that link

OP posts:
SunshineCake · 18/10/2019 19:44

Er let's see. Child hits car. Car damaged. Car hits child. Child could have died. No way should you pay a thing. Tell her to go through insurance and keep repeating it.

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