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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to not pay the woman who ran over my son her car repairs?

140 replies

annabel1972 · 09/10/2009 23:06

Hi

Not posted on here before so hello! Also would appreciate help with a dilemma I'm having.

Basically someone ran my son over 2 months ago and she wants me to pay for damages to her car. I have 2 reasons for no wanting to pa (well 3 if Icount being totally skint) but:

  1. Whilst I wouldn't say that the accident was 100% her fault in her position I would have stopped in time.

What happened was that I picked my son and daughter up from school (it was really busy as there are 800 children at their school). When we went to cross the road I said that we'd cross when there was a gap but unfortunately my son (8) misjudged it and walked out. I screamed at him and he stopped where he was but the cars wing mirror caught him and was damaged (the glass broke and the mirror was detached). We were all quite shocked by what had happened and I said I'd pay for the damage and immediately took my son to A&E.

Fortuntately my son was fine.

Later on her husband phoned to see how my son was and to say that they'd go through insurance for the damage to the car.

  1. I know for a fact that from the paperwork she's sent me she's only paid £25 for repairs but is trying to claim on quotes for over £300. I feel as though she's trying to profit from running my son over as the invoice she's paid is for a part that would be no good unless she's had the other work done.

Now she's threatening me with court and I don't know what to do. My insurers have said I'm not liable and that she's lucky I'm not suing her, but after googling this it seems like such a grey area.

Morally I'd like to tell her where to go - am I being unreasonable?

Honest opinions very much appreciated...

OP posts:
BiteOfFun · 09/10/2009 23:28

Curious about the point that nancy75 makes too...

MrsJamesMartin · 09/10/2009 23:29

Don't pay her anything. Don't contact her at all, give all the information to your insurers and let them deal with their insurers thats what you pay them for.

SardineQueen · 09/10/2009 23:30

She works for a bailiff company and is sending you letters and paperwork on their headed paper?

She sounds a bit nasty to me TBH. If I hit a kid, even if it ran out, I don't think I'd be asking for damages TBH.

It all sounds dodgy. You have told your insurance co, they say fine. She is sending you letters herself, she;s not an insurance co/lawyer, ignore her. Or send her £25 and put on covering letter which you take copy of that it is "full and final settlement" for damage to her vehicle. Then if she cashes cheque she has accepted that.

MillyR · 09/10/2009 23:30

What insurers? Is the eight year old insured for walking about?

smoking2shoes · 09/10/2009 23:30

MillyR she also said her son misjudged it......

Original poster
annabel1972 · 09/10/2009 23:31

LynetteScavo - the insurers aren't involved. My household covers me for public liabilty but won't pay out as they say I'm not liable and she didn't go through hers so she's saying she's gonna sue me for the full amount.

I think I'll pay her the £25 as thats the right thing to do but she can Boll* for the rest of it

OP posts:
MrsJamesMartin · 09/10/2009 23:32

OP said she had spoken to her insurers.

fruitspooksbatsintheeaves · 09/10/2009 23:33

It would cost us £280 for a new wing mirror for our car (without the cost of fitting). It is only a 9 year old peugeot. We got a cheaper one off Ebay and did it ourselves.
However as she hit your child I don't see how she can claim for anything and if it was me I would feel so bad i wouldn't even ask for £25!

HeBewitcheditude · 09/10/2009 23:33

Phone her company and ask them why they are sending you threatening letters.

She probably hasn't got authority to do this and you will get her in trouble with her boss.

She deserves it.

paisleyleaf · 09/10/2009 23:34

If a child walked out in front of my car and I knocked him I feel sure it wouldn't occur to me to ask for money for damages (even if he walked away).
Outside a school you need to be crawling along, not going fast enough that there should even be any damage.
I'd just feel too guilty, being the one sat in a car, fault or not.

SeveredPartOfTheHumphreysGroup · 09/10/2009 23:34

'ran over', 'drove into'?! Very emotive language!

He was hit by a mirror after darting into the road and
was fine. Thankfully.

Agree it sounds like driver taking the piss (really can't have been going very fast in a kia!) but as the op offered and it was her son's fault them maybe she should pay a reasonable amount for damages. And I mean reasonable, ie £25

SardineQueen · 09/10/2009 23:34

Um yes, who is your insurance company? Household ins? Or something?

TigerBitesAgain · 09/10/2009 23:34
MillyR · 09/10/2009 23:34

Smoking2shoes, yes I took the son misjudging it into account when looking at similar cases online (I am no lawyer though!).

OP, I would not send her money, because you are then admitting liability. It is generally invalidating your insurance policy if you admit liability, and she may use the cheques as evidence of you admitting guilt, and sue you. You should send all her correspondence to the insurance company and get them to sort it out.

None of us really know anything about it; your insurance company are experts.

MrsJamesMartin · 09/10/2009 23:35

Seek legal advice then and get a legal person to deal on your behalf on a no win no fee basis.

Its going to cost her more to take you to civil court to claim this money, I imagine, and if you have documented evidence that she only paid £25 then she cannot clim £300 from you.

MillyR · 09/10/2009 23:36

I meant send it to your household insurers who are dealing with personal liability, by the way.

paisleyleaf · 09/10/2009 23:37

Works for bailiffs? I think she's just horrible then, and has got a bit carried away thinking she can intimidate you and threaten you with court.

HeBewitcheditude · 09/10/2009 23:37

Seriously, don't give her £25, you are admitting legal liability if you do and leaving the way open for her to send you more threatening letters on her employer's notepaper.

Get legal advice. You can get the first half hour free from most solicitors.

SardineQueen · 09/10/2009 23:38

Oh OK then that makes sense.

She is deffo taking the piss.

And drivers should take extra care around children, they are unpredictable. My DD nearly got hit by a car on a pedestrain crossing, it turned amber and they went, she had randomly suddenly stopped. It happens, people need to make allowances.

SardineQueen · 09/10/2009 23:39

Yes what millyR said. That is better.

Original poster
annabel1972 · 09/10/2009 23:39

God you're right Milly R. Not thought of that..

I will pass onto insurers.

Thanks MrsJ - I've got the legal protection insurance too (must have foreseen such events) so I think I'll stop stressing and pass over to them.

Just wanted to make sure I was being morally correct and not just sticking to the law.

Thank you so much everyone for all your input x

OP posts:
LynetteScavo · 09/10/2009 23:40

Personally, I'd pay her the £25.

How can she be caliming £300???

If she decides to sue you for the rest (which I'm pretty sure she won't) she's a twat idiot.

Hopefully that'll be the end of it.

InMyLittleHead · 09/10/2009 23:41

Agree with others who say don't send her any money. The fact that you may have said something about paying for it at the time means nothing legally. She probably just has stupid ideas about what she can get out of it, and I'm afraid I think that if she works for a bailiffs' this is even more likely. I don't think she has any legal basis for even getting the £25 tbh

VicarInaBooTu · 09/10/2009 23:41

she sounds vile. id call her bluff. id not pay her a bean until this is sorted out officially.

TigerBitesAgain · 09/10/2009 23:41

But hang on, an 8 yo misjudging it... - he can't be liable, I'm sure - he'd be way under the age of criminal responsibility, which is 10, and this isn't a criminal matter. OP could be liable if she wasn't properly supervising him, I guess, but frankly there is a limit to the amount of reasonable supervision you could impose on an 8 yo, it's not like he's on reins. If it's a real accident no-one is liable and the driver claims on their own insurance or accepts this is one of the slings and arrows of outrageous fortune.