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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:
Minorityreports · 18/10/2019 20:20

This is one ad............

maryberryslayers · 18/10/2019 20:24

I don't understand why people are saying it was the drivers fault?
OP's son came off her drive straight in front of the car, no matter how slow she was going it would be impossible to stop.
Clearly the police agreed it was his fault or they would have looked to penalise the driver.
If a car pulled blindly off a drive or out of a side road in to on coming traffic you wouldn't blame the car that drove in to it would you? Same scenario.
Unless your son has bike insurance incl. plublic liability you won't be covered OP.
I suggest you arrange a payment plan with her as she may not have the money to pay for it either! That way will cost you less than if she comes after you through the civil court as you'd likely have court costs too.
Morally you should definitely pay, how could she possibly know your son would ride out of the gate without looking. You should be grateful she was going slowly.

Gertie75 · 18/10/2019 20:25

I once knocked a cyclist off his bike, he turned in front of me and went up the bonnet and broke the windscreen, the witnesses, police at the scene and a guy from my insurance company who came for a statement all said it wasn't my fault however it went to court and I ended up with 6 penalty points, he also put in a claim for injuries (which he did have) and won a settlement.

needasleep · 18/10/2019 20:25

Please do not accept liability until you have spoken to your household insurer or taken legal advice, if you make any offer to pay you can prejudice the insurers position and they can refuse to assist you.

Under public liability you will be held responsible for your sons action if he is deemed to be at fault. I have dealt with claims for much younger kids who have damaged cars with bikes/ scooters so anyone saying he is a minor she can't claim is incorrect

Ilovewillow · 18/10/2019 20:29

I was involved in a similar incident. I had jut turned into a side road so going about 5 mph and a 17 yr old skateboarder doing tricks In the pavement came off the kerb onto my bonnet. There was no way I could've stopped and even if I had he was so close it wouldn't have made a difference. A pedestrian called the police and I was advised that in no way was it my fault. I ended up with over a thousand ponds worth of damage to my car and a trip to hospital as I was 7 months pregnant at the time! It was a hideous experience so I can understand how she may feel. However, at no point to I contemplate asking the skateboarder to pay nor should she expect you to pay.

I hope your son is ok and not too shaken up!

needasleep · 18/10/2019 20:29

Op I deal with these types of claims everyday. Happy for you to PM me if I can help in anyway

SchadenfreudePersonified · 18/10/2019 20:31

No she knocked him off the bike . This has got to be the most CF I've heard

Your son was knocked off his bike - whether he is seriously injured or not this accident should have been reported to the police. Contact them now and tell them what happened. There will be a hospital report. Let the police sort it.

Minorityreports · 18/10/2019 20:35

There are cunts out there. A neighbour ran over my Dad's working dog. He claimed against the dog being out and claimed damages from my Dad. Not sure if he got them.

FindusCrispyPancakes · 18/10/2019 20:36

I wouldn't even entertain it. She knocked a child off their bike and wants the child to pay? Really? So he was being carted off in an ambulance and her first thought was to approach you about her dented bonnet? What a tool. Don't pay, he isn't liable.

Wildorchidz · 18/10/2019 20:40

@SchadenfreudePersonified

The police attended the accident.

BobTheDuvet · 18/10/2019 20:41

This reply has been deleted

Message withdrawn at poster's request.

MarkingTimeIm59 · 18/10/2019 20:41

I’m really glad your son is not seriously hurt - but if he ended up on the drivers bonnet, how on earth is that driver at fault if they were on the main road and HE rode into THEM? Am I missing something?

SchadenfreudePersonified · 18/10/2019 20:42

Wildchildz

Sorry - I don't know how I managed to miss that, even skim-reading. Blush

As you were.

Minorityreports · 18/10/2019 20:42

When I learned to drive I didn't learn the rules of the road, I learned how to drive safely. I then did lessons to pass test. But by far and away the best lessons I received were from a now deceased man who taught me how to drive safely. He was a driving instructor/bus driver/ bus driving instructor.

MarkingTimeIm59 · 18/10/2019 20:43

I wouldn’t be claiming damages, but neither would I automatically be accepting responsibility.

Joe2019 · 18/10/2019 20:45

Hmm, a person cycles into the side of a car. So whose fault is that? Without doubt it is the person who cycles into the side of the car. So who should pay? The driver of the vehicle is perfectly entitled to make a civil claim for damages. That is how it works. You damage something, you pay. Sorry Op. However if you have no money I would advise writing back to the other party/their insurance that you make no admission of liability and in any case have no means to pay, and have no assets with which to raise any monies. (Providing that is the case).

Bluerussian · 18/10/2019 20:47

I've heard of similar accidents, op, and after a lot of huffing and puffing, exchanges of correspondence, nothing comes of it. So sit tight and wait it out. It would be so difficult to prove who was in the wrong, in the end it might be both in some way.

diddl · 18/10/2019 20:47

"She knocked a child off their bike"

Well she might not have done.

Collision · 18/10/2019 20:47

Absolutely go through her car insurance.

DO NOT PAY A PENNY.

puppyconfetti · 18/10/2019 20:47

She is sending me the bill through her insurance,

send it back and tell her to fuck off

CF level high

Cantsleeppast3am · 18/10/2019 20:50

Tell her to fuck off!

bluebluezoo · 18/10/2019 20:51

So those saying the driver is always at fault- what about this one?

The drivers insurance will pay for the vehicle repairs, as the pedestrian won’t have insurance.

So drivers fault, yes? Grin

m.youtube.com/watch?v=skON4WCqb1w

puppyconfetti · 18/10/2019 20:55

Hmm, a person cycles into the side of a car. So whose fault is that? Without doubt it is the person who cycles into the side of the car. So who should pay? The driver of the vehicle is perfectly entitled to make a civil claim for damages. That is how it works. You damage something, you pay. Sorry Op.

Erm, did you miss the bit where that didn't happen?

The driver hit the child with the front of her car, as OP describes here...

the bump on the car is actually at the front of the car, and he ended up on the bonnet looking at the driver through the window.

LolaSmiles · 18/10/2019 20:58

I wouldn’t be claiming damages, but neither would I automatically be accepting responsibility
That's my thoughts. Without any of us being there none of us can comment on who was at fault.

I'm also intrigued given how anti cyclists MN can be (with most threads arguing that cyclists riding safely are alway the at fault party if clipped by a car, it's unreasonable to expect cars to perform a safe overtake etc), if the responses on here would be the same if it was an adult cyclist. I'm guessing the majority view would be "cyclists should be paying attention, not just cutting into the road, should have looked for traffic before darting in front of moving traffic, how was the driver meant to expect..."

Serin · 18/10/2019 21:02

Minority reports
"In Ireland we have road safety videos"
Yes, you would want to.
The RTA rates in Ireland are appalling.