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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:
Wheat2Harvest · 18/10/2019 21:03

She hit him - her fault

Not necessarily. If he came out of the gate too fast (as the OP thinks might have happened) and shot out in front of the car the driver might have had no time to stop even if they were travelling under the speed limit.

PanicInAmerica · 18/10/2019 21:05

Are you joking?! Of course she shouldn’t be sending the bill! She should be relieved and grateful there will be no legal action!

tempester28 · 18/10/2019 21:06

I think you should get advice and don't accept anything until you are properly advised. It sounds like she is railroading you into paying, maybe she assumes you have no insurance. But check your house insurance too.

My two cycle to school now and I have insured their bikes as I think it is a good idea for theft but also liability. I had more in mind that they might scrape a parked or something like that. But also In the event of an accident if is worth the peace of mind.

73Sunglasslover · 18/10/2019 21:06

*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.*

We don't know that she wasn't doing exactly this. She could have been driving at 15 mph and if the child did not look before he came out at speed she would not have been able to stop in time. Can you post some links which show that people have posted false information?

Yellredder · 18/10/2019 21:07

Sorry this has happened to your son, a huge shock for all involved I'm sure. My ex collided with a car one when he was on his pushbike and our home contents insurers dealt with it all. Hope all gets sorted without too much fuss x

73Sunglasslover · 18/10/2019 21:09

She knocked a child off their bike and wants the child to pay? Really?

No, I think she wants the parents to pay for damage which does not appear to have been caused by her and which she may not have the money to pay for herself.

Cillmantain · 18/10/2019 21:10

She is a CF.
You son is a minor.
She is responsible.
Do not engage with her anymore.
Get legal advice.
If that was me I would be so relieved he was OK.
Outrageous behaviour

carly2803 · 18/10/2019 21:11

juses christ what a cheeky bitch!! no you do not pay!

sue the ass off her for being such CF

hope your son is ok

DameFanny · 18/10/2019 21:13

Can't be bothered to read all the ignorant bollocks about suing her.

Anyway.

You are insured - there's public liability insurance included in your home insurance, and this is what it's for.

Had a similar accident at a similar age - on a friend's bike, brakes failed at a t junction, ended up in the windscreen. Does your son have a leg swollen up with a broken blood vessel? Wearing a really unattractive stocking? Same here.

Our home insurance paid for a new bonnet, not sure who replaced the bike.

Wonderland18 · 18/10/2019 21:14

You drive to suit the road your driving, if it’s a single lane with blind spots and often pedestrians then it’s equal fault even if he sped out on his bike.

Op don’t pay a penny, your son has a cast, she has a dent. Damages on both ends I’d say.

DameFanny · 18/10/2019 21:15

And I still feel awful for the appalling shock I must have given the poor guy driving

Hoolajerry · 18/10/2019 21:18

You are not responsible. Do not pay.
I hit a child on a bike. He came out between two parked cars on the wrong side of the road. I wasn't going fast. There was literally nothing I could do. Fortunately he wasn't hurt, no hospital required. It badly dented my car though.
However at every point it was deemed my fault because he was a vulnerable road user (minor and cyclist). I had to pay for damage to my car via my insurance and was told the case had to stay open in case the family wanted claim for personal injury. It was very stressful. Obviously I am glad he wasn't hurt but it also was not my fault. Still had to pay though.

Ratcatcher9 · 18/10/2019 21:19

I was once behind a car which was driving along a road at 20 mph in a 30 mph speed limit when a cyclist, who had been cycling on the pavement, swerved off the pavement and onto the road and knocked the car in front's wing mirror off. Car driver stopped, cyclist cycled off like a mad thing and a passerby picked up the wing mirror and helped the driver cobble it back on. That was definitely not the driver's fault.

DENMAN03 · 18/10/2019 21:27

It is wrong to say the driver would always be found responsible in this type of accident. All cases are facts specific. A number of factors need to be taken into consideration, ie,was your son visible prior to the collision and could the driver have reasonably reacted to his presence, was it an area where children play, and how far across the road did he get? A dent on the bonnet suggests he was already in the road. A 12 year old is on the cusp of being responsible for his own actions so some contributory negligence could be found. There is lots of case law...unfortunately a lot is contradictory and is down to the judge on the day! Personally I wouldn't be paying for the damage and if your son has some nasty injuries it may be worth speaking to a solicitor.

ALemonyPea · 18/10/2019 21:35

I wouldn't be paying. Your son is a minor and doesn't have insurance, she does. I say that as a car driver.

Has she asked how your son is? Is she concerned for him, or more for her car?

INeedAFlerken · 18/10/2019 21:35

Many years ago, my mum hit a teenager on a bike when he came shooting off his driveway which was on a corner. Completely his fault ... and he acknowledged that immediately as well ... luckily, just a broken arm.

I've seen a lot of idiocy from kids on bikes, shooting out of nowhere across streets straight in front of cars. Wouldn't be the driver's fault in those cases.

TARSCOUT · 18/10/2019 21:39

Let your insurance sort it out. I do believe you are responsible for.not properly supervising your child if he came onto the road in front of the driver. Even if they had been doing 10mph they still wouldn't have been able to stop immediately there would still be travel distance. I'm truly glad he is ok and maybe consider keeping your gate closed so he can't just ride straight out.

KindnessCrusader · 18/10/2019 21:42

Absolutely no WAY should you be paying! She should be thanking her lucky stars she didn't seriously injure or even kill your Son!

diddl · 18/10/2019 21:47

" She should be thanking her lucky stars she didn't seriously injure or even kill your Son!"

No doubt she is.

Doesn't mean that she wants to pay to have damage repaired that she didn't cause though.

Hopefully Op will have insurance that will cover it.

Myimaginarycathasfleas · 18/10/2019 21:49

I hit a child who ran across the road in front of my car. Entirely their fault, as witnesses and police confirmed.

My car was seriously dented and windscreen smashed. It wouldn't have occurred to me to pursue the child's family for the cost of the repair. I was just concerned that the child wasn't seriously hurt. (They weren't, luckily.)

cabbageking · 18/10/2019 21:50

She should claim off her insurance and they can decide if a pedestrian accident claim will be made

SuperMeerkat · 18/10/2019 22:01

WTF!! She can sue you if she wants any money and then you can counter sue for hitting your son! I bet she’d back off then.

LizB62A · 18/10/2019 22:16

Ask to inspect her car and see if it looks like she has/had a dashcam.
Lots of people have them these days and if she has one and hasn't told you then it's because she knows it was her fault.
You should take pics of the car damage anyway just in case she exaggerates it later

LemonPrism · 18/10/2019 22:19

If he was badly injured and he is a child then no

KittyMarion · 18/10/2019 22:28

Many years ago one of our neighbours kids rode his bike into the side of our moving car. I wouldn't have dreamed of charging the dad for the damage. We. Just claimed off our insurance. The insurance company were concerned that we might be sued for injury though.