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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:
bookwormsforever · 18/10/2019 22:43

But... but... why should the driver have to pay for damage to her car that wasn’t her fault? It could cost hundreds to sort out the dent in her bonnet, and she may not have spare cash - just like op. We don’t know who was at fault. But if the other driver thinks the op’s son ran into her, she will not be keen on losing her no claims bonus and paying hundreds in excess for something that is not her fault!

username578999 · 18/10/2019 22:59

Seriously @bookwormsforever if a child you'd hit and put in hospital you'd then chase for damage to your car ?
Come on !!
I get kids run out but to actually claim for damages . If it was me I'd just be so happy the kid was ok and make a mental note to take care .

bookwormsforever · 18/10/2019 23:02

No, I didn’t say I would do that, but why should the driver pay hundreds of pounds for something that’s not her fault?

We don’t know what happened. The dc could have hit her. Perhaps the driver was already taking care!!

VanGoghsDog · 18/10/2019 23:03

Your household insurance covers you for public liability,

It probably doesn't for in the road.
But anyway, it's not the kid's insurance, he's 12!

VanGoghsDog · 18/10/2019 23:04

why should the driver pay hundreds of pounds for something that’s not her fault?

Sometimes things happen that cost you money and there is no-one you can sue to get the money back. That's life.

GreenTulips · 18/10/2019 23:25

Well if she has insurance she’ll only pay the excess, she may have protected no claims.

Either way she’s informed her insurers and it’s up to the insurers to reclaim costs - which they are unlikely to do as the damage is on the front of the vehicle.

It then becomes a civil matter as the police deem no liability of the driver. I doubt she’d attempt court and the facts aren’t in her favor. She could be deemed driving without due care and end up paying court costs or OP could submit a claim for damages and injuries.

She won’t take it further

needasleep · 18/10/2019 23:51

The public liability policy covers all members of the household irrelevant of age and will also cover you for accidents on a public highway.

For example as a pedestrian you walk in front of a cyclist without ensuring the way is clear, you are negligent and the cyclist can make a claim on your public liability policy for any injury or damage.

ActualHornist · 18/10/2019 23:56

Just as an FYI - my friend was knocked off her bike by a woman who opened her door without looking. Obviously different situation, but her bike was damaged, she got a concussion and the insurance and police found her at fault.

PerspicaciaTick · 19/10/2019 00:07

If she contacts you again, tell here that you will only deal directly with her insurance company.

ThreeLittleDots · 19/10/2019 00:27

why should the driver pay hundreds of pounds for something that’s not her fault?

Because sometimes accidents happen and the 'fault' cannot be pinned on anyone else, e.g. animal collisions go down as an 'at fault' claim by the driver, if they want to claim for the costs of repairing damage to their car through insurance.

The driver in this case probably doesn't want to tell her insurance company that she hit a little boy, so will send OP a bill to repair without telling her insurance company, which would be wrong and OP should ignore that and just deal directly with the person's unsurance company if they get in contact.

Singlenotsingle · 19/10/2019 00:31

Even if it was DS' fault, you are not responsible for someone else's actions. You shouldn't pay. In fact I would tell her that if she persists, you will sue for your son's personal injury. She was driving too fast.

RolytheRhino · 19/10/2019 00:39

Jeez, some people! Runs your kid over then claims damages for her car. So callous.

S0upertrooper · 19/10/2019 00:55

Our car park has a lane that brings you onto the main road between 2 pavements. Often pedestrians will just walk across without looking so I always approach the main road slowly. A teenager was riding a bike on the pavement and crossed my path, hit the side of the car with his bike and rolled over the bonnet. He was going faster than me and dented my car.

I don't believe I was in the wrong, if you think the driver is being unreasonable then go back to the police. I'm not saying your son or the driver is wrong but it's possible you may be liable for the damage, regardless of whether you have the money to pay.

SpiderHunter · 19/10/2019 00:57

This completely hinges on who is at fault. As a driver, when pulling out of a side road or driveway it is damn near always my fault if an accident occurs. I don't see why it should be different for a cyclist.

And of course cyclists on public roads should be required to have insurance - it is madness that they don't when they have the potential to cause thousands of pounds in damage. If cyclist really are lacking in fault at all times (as MN would have us believe) the insurance wouldn't cost very much anyway.

0DimSumMum0 · 19/10/2019 01:10

Maybe the driver is not insured? That's why they want you to compensate?

bruffin · 19/10/2019 01:14

Talk to your house insurance company. You should have legal liability under buildings cover.
Even if it was DS' fault, you are not responsible for someone else's actions. you can be held respinsible for your childs action.
My dd fell against a parked car on her bike and scratched it. My buildings insurance company paid out under legal liability.

Seadragonusgiganticusmaximus · 19/10/2019 01:30

Came on to post this but I see BoomBoomsCousin has beaten me to it by about 6 hours.

www.inbrief.co.uk/child-law/child-accidents-compensation-liability/

As usual on these sorts of threads, the level of ignorance displayed by some posters and their absolute confidence in the correctness of the bollocks they are posting is staggering.

tigger1001 · 19/10/2019 07:52

From what's written here, it sounds like it was your sons fault op. He is very lucky only to have sustained minor injuries.

The police were in attendance at the accident. If there was even a chance she was speeding etc, she would have been charged. She wasn't.

That said, she is going through her insurance, so that should be the end of it. She was very likely to be in shock when she spoke to the op.

kiki22 · 19/10/2019 09:42

I work for a major insurance company not in claims but I'm pretty sure hitting a pedestrian or cyclist is classed as at fault.

At fault doesn't actually always mean it's your fault it means your insurance company has no one to claim from so they foot the bill. Like hitting an animal is deemed at fault this would be too as the other party has no motor insurance to claim from. If she wants to claim you it's a civil matter but she would still lose her NCD if she goes through insurance unless she can get the money from you and pay the claim back but I don't think they would entertain that tbh.

I've said many time we need new names for claims at fault gets everyone back up.

LannisterLion1 · 19/10/2019 09:58

Have you checked if she or he has a dashcam? If the police have said right away that the driver wasn't speeding that suggests some kind of evidence- witness or dashcam- whatever happens between insurers i would ask to see footage or witness statement. If my son was injured by careless driving I'd want to know, likewise if he's riding dangerously i would want to know.

Many young kids ride dangerously around here, you have to drive defensively. But there are many bad drivers too. Fault from insurers is one thing and they will likely say the driver regardless so get advice, but who is responsible for an incident is different and if it was my dc then i wouldn't be inclined to let him back on a bike until obviously healed up and then he had lessons.

AlexaAmbidextra · 19/10/2019 11:20

She was driving too fast.

Singlenotsingle. You were there then were you? With your speed camera?

AlexaAmbidextra · 19/10/2019 11:24

I work for a major insurance company not in claims but I'm pretty sure hitting a pedestrian or cyclist is classed as at fault.

Well yes. But has it been established that the motorist hit the boy? From what’s been posted on here there seems to be a distinct possibility that the cyclist hit the car. In which case the car driver isn’t at fault.

GreenTulips · 19/10/2019 11:28

there seems to be a distinct possibility that the cyclist hit the car. In which case the car driver isn’t at fault

It’s been explained several times - there’s fault in who caused the accident and a fault claim

The driver hit the child, he may be at fault but as far as the damage caused the the car is concerned the driver will have to go via their insurance and it will be logged as a fault claim, because they have no one to reclaim costs.

It is what it is.

OP doesn’t have to pay anything.

YouJustDoYou · 19/10/2019 11:29

A minor was hit/hit the car. He cannot pay. The driver can only claim off their own insurance.

Oblomov19 · 19/10/2019 11:29

Tricky.
I had a teacher ask for money for car repairs because Ds1, on his bike, fell into her car, as he had come out of the school gates, onto the pavement/ cycle path, and was riding home.

In the end we have her some towards repairs.

Is it hard to know what to do for the best.