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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:
Baguetteaboutit · 18/10/2019 20:01

I think the pp was right, it's more likely that this is a misunderstanding. The driver thinks that because the insurance company told her that they'll repair the car, she is under the impression this means they will seek to claim the money from the child.

For a start, demonstrating that the child is liable and then that the parents must pay for the damages and this sounds like more hard work and labour heavy than a bonnet is worth.

Or, she's going to try and get you to pay the excess and then you can still tell that she's fucking dreaming, if you feel inclined.

Minorityreports · 18/10/2019 20:01

I'm on the 'ignore it' side.

AJPTaylor · 18/10/2019 20:01

There is zero chance that her insurers will write to you, they won't want to invite a claim.
Household insurance should cover any legal liability.

FabLaura · 18/10/2019 20:02

Pleased to hear your son is ok. Wow, what a women. If I hit a 12 year old boy, the last thing on my mind would be the car. Regardless who's at fault, I'd probably offer to buy him a new bike or at least put money towards one. Hope it all gets sorted for you.

GabsAlot · 18/10/2019 20:02

The insurers wont send you a bill they might ask for your sons version of events but if she makes a claim they will pay for repairs

Minorityreports · 18/10/2019 20:04

I'd try and get her done for driving without due care and attention.
But I'm a bollocks.

compulsiveliar2019 · 18/10/2019 20:05

From the way you describe it it sounds to me like your son was most likely to be responsible not the driver. It's utter rubbish to say the driver is automatically at fault. He came out of a side driveway he was not on already in the road. If your son had been in a car he would most definitely been considered at fault!
I'm sorry your son was hurt I hope he recovers quickly. I also hope that he learns a serious lesson from this and isn't so reckless in the future. IMHO your son should be made to pay for the damage to the car to reinforce the message.

KnifeAngel · 18/10/2019 20:07

It is worrying OP that you don't seem to know what happened. From the little description you have given then if seems to be your son's fault.

Minorityreports · 18/10/2019 20:07

12 year olds can not be held legally liable for being knocked down by a woman in a car. FFS. The insanity of some posters on here bates Banaher.

VirtualHamster · 18/10/2019 20:08

I think given the injuries, it's unlikely that the amount of damage to the driver's car would be worth the insurance company pursuing the 3rd party for, even if thought to be at fault. Even more so if the 3rd party is a minor.

whyamidoingthis · 18/10/2019 20:09

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.

I was using the same language as the poster to whom I was replying when I said the driver can bill someone who is at fault. Suing then for the cost of the repairs was what I meant. I thought that was obvious but apparently not.

Minorityreports · 18/10/2019 20:10

Christ almighty, in Ireland we have road safety ads describing just this, saying 'expect the unexpected'.
OP, your little son is very lucky to be alive.

NewName73 · 18/10/2019 20:10

Flowers for the nasty shock you've had. Glad your DS is OK.

I strongly advise you to get professional legal advice if she contacts you. The first 30 minutes are normally free.

And as PPs have said, check your household insurance for legal cover.

The main thing is that your DS is OK.

benderinabun · 18/10/2019 20:11

Hi OP, glad your son is ok. Not sure if someone has suggested up thread but if your son was coming out of your own drive onto road when he was knocked over then your home insurance may cover it. My parents had a similar incident when their over excited puppy rain into road and knocked someone off a push bike. Push bike person claimed in excess of 30k(!) for the bike and (minor) injuries which was very stressful for my parents but their home insurance covered it thankfully.

bluebluezoo · 18/10/2019 20:12

It sounds to me like people are confusing “at fault” with “who pays”.

Just because a motorists insurance pays up for the car repairs it doesn’t mean they are at fault. It means claiming money from a pedestrian, cyclist or minor is all but impossible so they pay up regardless of who’s fault it is.

If the cyclist/pedestrian thinks it was the motorists fault they can try and claim damages off the motorists insurance, but the motorist will never be able to claim against them, even if it was completely their fault.

Basically motorists have insurance, pedestrians/cyclists don’t. So it will always be the motorist that pays. Fault has nothing to do with it.

SylvanianFrenemies · 18/10/2019 20:13

Glad your son is ok.

Cannot believe all the posters saying the driver is always at fault.

I hit a teenager who ran (as in sprinted) in front of my car from behind a parked van, where she had been standing chatting.

Luckily I was able to break, and she wasn't badly hurt. My car was dented. I would not have tried to get her to pay at all. But seriously, she was at fault and my sole contribution was saving her from serious injury or death by driving at a safe speed and braking promptly. The driver is not always at fault.

Fundays12 · 18/10/2019 20:13

Wow this nearly happened to me as a driver. A kid about your sons age cycled out incredibly fast from behind a tree without looking 🙈. Thankfully I was paying enough attention and was going slow enough to swerve so did not hit him (came within inches though). If he has cycled into my car the last thing I would have done was tried to invoice the parent as my car is replaceable a child is not. I would have blamed myself forever if I had of hit him even though I know in my head he shouldn’t have cycled out onto the road without looking and certainly not at that speed. Please do not pay this invoice. This woman could try claim for other things too.?

SylvanianFrenemies · 18/10/2019 20:13

*brake

AlexaAmbidextra · 18/10/2019 20:13

The driver is always at fault. Always.

Not true. Love the way everyone is assuming the driver was at fault when none of them were there. If he came flying out of the gate and rode his bike into the side of the car, how could the driver have avoided him?

Findumdum1 · 18/10/2019 20:13

So if a bicycle is in collision with a car it's always the car drivers fault according to most posters on here

That's right because a) car insurance is mandatory, bike insurance isn't and b) you cant make a claim against a minor.

Also, ethically, anyone that tries to get money out of a 12y old they knocked off their bike is an extemely unpleasant person on a hiding to nothing.

LookImAHooman · 18/10/2019 20:14

I'd try and get her done for driving without due care and attention.
But I'm a bollocks.

You’re not kidding. I personally know of two cases like NerrSnerr’s uncle where it was not and could never have been the drivers’ fault. If the other party involved had ‘tried to get them done’ for that (or actually for anything) - because it wasn’t, shock horror - I cannot describe the rage I’d feel for them. And believe you me, this comes from a point of absolute sympathy for all involved.

ItsGoingTibiaK’s post is very sensible.

Ash39 · 18/10/2019 20:15

I knocked someone off their bike once. It was their fault. But they had a minor injury and the bike needed some repair work. It was me that paid for the work.

You definitely need professional advice on this. Her insurance should pay

Aridane · 18/10/2019 20:18

@frumpety

I was going by this post of the OP, in turn in response to a poster who said the DS had no injuries

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

bluebluezoo · 18/10/2019 20:19

That's right because a) car insurance is mandatory, bike insurance isn't and b) you cant make a claim against a minor

So your logic is if your insurance pays out you must be at fault?

Bollocks. Insurance paying out does not accept fault. As you say peds/cyclists don’t have insurance- that doesn’t mean they are automatically blameless.

What if a cyclist does have insurance? Is it still not their fault if their insurance pays out because they cause an accident?

As i said above - who pays is not synonymous with whose fault it is. Insurance will pay out if an accident isn’t your fault but the other party is uninsured- if you get hit by another car, completely their fault your insurance will pay out if they are uninsured.

Doesn’t make it you fault simply because the other party doesn’t have insurance.

Divgirl2 · 18/10/2019 20:19

Lots of misconceptions in this thread about how insurance works. It doesn't matter whose "fault" it was. "Fault" claims and "non-fault" claims have very little to do with blame.

She cannot pursue a 12 year old for the costs of fixing her car, so for insurance purposes this is a "fault" claim (for her). She could have been going too fast, she could have been going under the speed limit, it doesn't actually matter.

If her insurance company contact you (they won't) tell them your child was knocked off their bike by a moving car and ended up in hospital, and that you will not be paying and he does not have the means. They will pay for the repairs and she will pay her excess.

Glad your son is okay Flowers

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