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...

The driver can't have been going that fast as if she was she's have hurt the op's son even if she just clipped him with the mirror. The force of the car would have hurt him a great deal more if she was going faster.

You can be driving at 20 mph or even 10mph and still hit someone if they step in front of you. Even at 10mph you need some stopping space.

It is frankly ridiculous to say she should have been going slower as no-one has any idea how fast she was driving. What we do know is that the driver hit the boy but didn't hurt him. That to me suggests she was driving pretty slowly.

As to who is liable, I'm not sure but I'd be a bit annoyed if someone walked in front of my car and I ended up paying hundreds of pounds in repairs and losing my no claims bonus. I'd be incredibly relieved that the pedestrian hadn't been hurt but I'd still be p*ed off that I had to pay so much for something I couldn't have avoided.

I actually wonder what the legal position is concerning the OP not having reported the accident. A child has been hit by a car and required hospital treatment. The OP and the driver both witnessed it and are both adults. Neither of them told the police.

That seems to be a far more serious matter than debating who should be held liable for a wing mirror.

Well I'd guess the OP was a little busy taking her child to A&E to be thinking she needed to report the accident.

Don't give her a penny!

Scotia, yes, I think that is fair, and she may have presumed (as others on this thread have), that A&E make the report.

"I said I'd pay for the damage "

should be the end of the thread. find out the make of the car and ask a local garage for an estimate of what it would cost to replace or repair a wing mirror for that model and send her a cheque in that amount.
because while you certainly shouldn't pay for anything else,wing mirrors can be expensive to replace, certainly more than £ 25 depending on if their is wiring etc involved

Rubbish. People can't be held to things they blurt out when their child has just been hit by a car.

Offering to pay for damage to a car that has just hit your child is ridiculous.

The driver of a car is always liable in this sort of accident, even if there is no fault.

MN is the only place I ever come across people so selfish that they would want recompense if they hit a child with their car.

"your child damaged my car when I hit him, pay up please"

Seriously, what kind of asshole do you have to be to think like that?

If you can't handle the responsibility of being in charge of a potentially lethal weapon, then stop driving.

Tell her to (look at my name)

Um, I had the mirror in my old car knocked off and it cost a grand total of £18 to replace (this was about 9 years ago right enough but still even in current circumstances - £300?)

Well said Skidoodle.

"I actually wonder what the legal position is concerning the OP not having reported the accident. A child has been hit by a car and required hospital treatment. The OP and the driver both witnessed it and are both adults. Neither of them told the police.

That seems to be a far more serious matter than debating who should be held liable for a wing mirror. "

It is the driver's duty to report the accident. Nothing to do with the child or their parents.

OP, just wondered how this was all going ?

Have read through all 6 pages of this - need an update!!!

FWIW, I don't think you should pay either

Here for an update too!

me too!