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

[annabel1972]

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...

Exactly - works for bailiffs!

How anyone could earn their living from other peoples misery is beyond me. But she does just answer the phone!

Actually, I've changed my mind...let her whistle for any money form you.

She can claim £25 on her insurance (although I expect the excess is higher).

You have been too nice.

I also say don't pay anything. Not even the £25 (which you might have done had she not gone about it so horribly.....she's blown that).

the shock of the accident is probably what made you say you'd pay - don't feel any moral obligation because of anything you said at the time of the accident

also agree with others - don't pay £25 - this makes it sound like you are admitting guilt - could lead to further trouble

great that you have insurers - let them deal with it

Let her take you to court, I doubt she has a leg to stand on. But in future, please please please cross at a designated crossing

This makes me so made! Pay the £25.

Have a look at the headed notepaper she sent you. It will say who the bailiffs that she works for are regulated by. Google their address and send a letter to them saying that the firm are abusing their position as a bailiff by pursuing a personal matter outside their remit and which has not been pronounced on by the court in order to intimidate you into paying a sum that is in dispute.

Send a copy to whoever is named on the letterhead as being in charge of the bailiff's company.

Using headed paper makes it look official and it is not.

Was this accident reported to the police? I believe there is a legal obligation to do so.

It may piss on any claim she tries to make.

Refer everything to your insurers. Don't pay out or admit liability. But my father's wing mirror cost nearly £300 in parts and labour to replace after a cyclist hit it whilst it was parked and that was nearly 10 yrs ago.

Knickers, what makes you think there will be a designated crossing? My DD would have to walk for 2 miles from her school to get to a designated crossing. Fortunately people drive past the school at 3.30 pm at about 5mph.

KnickersOnMahead - you are so right! and now we always do. Just glad it wasn't worse..

melliflous - thanks for that - really useful info. Nothing on letterhead about regulaters or anyone named on letterhead. just gives name of comapny and then "High Court Enforcment Officers and certified bailiffs" and then at botom their address. will google them though and do as you suggest.

timothy - i don't know about a police report. I've not heard from them in any case.

MillyR, are you saying there is no lollypop lady outside school?

Good idea about writing to the bailiff firm.

So you need to contact the High Court Enforcement Officers Associationwww.hceoa.org.uk/

Look at the Complaints section. The address is:

The Association Secretary
High Court Enforcement Officers Association
P O Box 180
Winsford
Cheshire
CW7 2WP

good luck!

Knickers, yes, there is no lollipop lady. Out of the five local primary schools, only one has a lollipop lady.

No lollipop ladies or designated crossings where DD will go.

It's not the norm is it?

For those who are stressing the fact the OP offered to pay, I'd like to remind them "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."

It seems to me that he considered the situation and felt it would not be considered in a positive light if they pushed for repair costs from the OP.

If the driver works for a firm of Bailiffs, then there does look to be a chance she is using their paper just to intimidate (and having seen some of the letters some send out, it's quite likely common practice so no hardship for her to compose one).

I think it would be worth writing back to the woman at her home address (I assume that is known) and explain that since her husband indicated they would claim on their own insurance, then as far as the OP is concerned, the matter is closed.

Then add that if the driver wishes to consider a claim in court, then a counter claim will be made in respect of driving without care and attention (close to a school) and for a consideration of damages for any physical and other trauma (like being scared of crossing roads, if true) as a result of the driver's action.

I only suggest the latter 'retaliation' threat so the driver reconsiders whether she wants to go any further, or will just sort out the cost of repairs for herself, with or without her insurance company.

Incidentally, aren't insurance companies more strict on drivers, wanting to know about accidents even if they result in no cost to the insurers (ie not claimed against policy) ? If that is the case, the OP could consider asking the driver for details of her car insurance company so that any further discussion can be direct with them concerning her claim (and thus her no claims bonus is threatened!)

It would call her bluff, and certainly I'd suggest not paying anything at this stage.

Don't pay the 25 quid unless you have sought actual legal advice which confirms whether it would constitute admitting liability in ANY way (and could others please stop advising her to pay it?! )

She sounds like a twat.

YA most definately not B U

YANBU. Don't pay a penny. Threaten to counter claim for the distress caused to your son.

Why is she writing personal letters on company headed paper? It's a clear attempt to intimidate you. I would contact Trading Standards about unprofessional conduct by the company.

This did actually happen to me once. I was 17, driving past my school gates (I was VI Form) on my way home when a 12/13 yr old boy, stepped into the road looking backwards, calling to friends and as I was going at barely 10mph (obviously you need to drive extremely slowly outside schools) he walked into my wing mirror which flipped his rucksack round which smashed my entire windscreen. Although I was shaken and my primary concern was whether he was okay (all his friends were calling him an idiot etc when I got out the car and he was entirely unhurt - although shaken too) I had to work many more weekend/evening shifts to pay for the damage he had caused and I did write to his parents to ask for a contribution which they flatly refused because it is always considered the driver's fault. So...I would not be so quick to say the driver's at fault. It is highly emotive because no one would want to think of hurting a child but if driving were not involved I don't think people would have such a hard time thinking a child could be responsible for damaging someone's property by accident which is basically what happened (e.g. kicking a football through a window.)

However, having said ALL that, I think OP would not be unreasonable not to pay in her particular circumstances mainly due to the way in which the driver has gone about things (abusing her position at the bailiff's company). I agree with MellifluousCauliflower and WebDude's advice in terms of calling her out on using the headed paper and informing her you will be only communicating through the insurers from this point on. If she'd not been so bullish (and I can't really comment about whether £300 is excessive for wing mirror damage but others have said possibly not, so hesitate to say profiteering too) and rang you herself to check your son's welfare and then said look sorry but this puts me in the awkward position of having to ask for cost of repairs - I'd prefer not to ruin my no claims bonus so would it be possible to show you invoices for work done - then I would be saying OP is being unreasonable by not paying. To echo someone else's post above - drivers are not always in the wrong. Hope OP's son is now not terrified of crossing the road but having had an early fright will probably be a lot lot safer in future.

WebDude & Mellifluous Cauliflower

I've never heard of a driver claiming repair costs of a pedestrian they run into...

Wing mirrors can be appallingly expensive- we had a quote for 170 pounds just for the mirror, so I don't think 300 is excessive. Chances are however that the mirror could be reassembled after catching your poor son a glancing blow and she only had to pay for the glass. Legally she is on v dodgy ground however as she hit your son with her car and is therefore deemed to be in the wrong no matter what part your son's behaviour played in it. She should have been driving with extreme caution near a school at school out time anyway.

I would handle this purely through your insurers. They have legal people who can deal with it. Do not communicate with her or her insurance company yourself.

Thank goodness your son was ok.

Why is the driver automatically in the wrong,duchesse?

TBH,I´d probably be paying the 25 pounds if I knew for sure that was the cost, informing her insurers,& thanking god that I wasn´t arranging a funeral.