Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

My DS cycled into a car and scratched it...but it was parked partially on the pavement!

64 replies

OlderNotWiser · 09/09/2012 20:09

I saw it happen (in slow motion!) DS (aged 6) had been cycling up and down the pavement enjoying his new bike bell, but for some reason wobbled and went into a neighbour's car. The car has a bit of a scratch, nothing to my mind, but neighbour wants us to pay for scratch to be removed/repaired. I have apologised etc but not as yet said we will cover any costs. But he was parked partially on the pavement so I feel a bit snotty about it. Isn't doing that a bit 'at your own risk'? Who is at fault here?

OP posts:
Noqontrol · 09/09/2012 21:01

Well if it was my car I would expect you to pay.

theoriginalandbestrookie · 09/09/2012 21:08

Going forward OP you could maybe phone up the police if there isn't enough room for you to get your buggy through on the pavement as that does seem to be an obstruction.

However I still think that on this occasion we are talking about a 6 yr old on a wobbly bike not a pedestrian or a buggy.

Therefore regardless of your well justified concerns about car parking your son scratched someones car so morally you are obliged to pay for the repairs.

Itsjustafleshwound · 09/09/2012 21:12

You are responsible for the damage

bangersmashandbeans · 09/09/2012 21:56

Ultimately the law is irrelevant is this is a civil dispute/neighbour dispute. The police would not be interested. Try to have a chat with your neighbour but at the end of the day it was an accident by a young child, I think he is being unreasonable by making a song and dance about it. You park on the pavement then you run the risk of things like this happening.

Born2bemild · 09/09/2012 22:15

There is no way I would ask you to pay for such minor damage, esp if I was partially blocking the pavement. It seems petty. If you offered to pay, I might accept half.

ForFoxsGlacierMints · 09/09/2012 22:15

Halfers I think.

AgentProvocateur · 09/09/2012 22:19

I think you should offer to pay the whole amount. Sorry if that's not what you wanted to hear, but it's the right thing to do.

mellen · 09/09/2012 22:20

The car being partly on the pavement is a red herring here, IMO. The neighbour doing that doesn't excuse someone scratching their car. The DS should not have scraped it, and it isnt as if there arent other things that could legitimately be on the pavement, lite pedestrians, who your DS would be expected to avoid bumping into.

sarahtigh · 09/09/2012 22:39

if your child breaks vase at friends house even accidently you should offer and be willing to pay, they may refuse but you should be willing to repair any damage your child does

you do not have a licence to damage other peoples stuff just because it is not where it ougt to be, if next doors kids kick ball into your garden if it breaks greenhouse window they or their parents pay for it, if it just lands on grass you can not puncture it just because it landed on your lawn

i think you have to pay, a car is quite big if your son can not avoid big objects he is not safe to cycle on pavements either, he could have bumped into frail old lady, a pushchair or lamp-post

it is not always illegal to park on pavements it is illegal to block pavement should be room for wheelchair, pushchair, person with guide dog etc

reasonable payment would be t cut or one of those pens that fill in scratches however if scratch is down to base metal it will need re-spray, technically i think you would be liable if someone did bother with small claims court, that would be OTT

personally I would go round and apologise and offer to cover costs, I alos think your son needs to realise that even accidents cost money to put right

lottiegarbanzo · 09/09/2012 22:41

You could see the car was there before your son started cycling couldn't you? So you gave him permission to cycle having assessed the risks in some way. You can't just say 'those cars shouldn't be there so I'm going to act as if they are not and ignore any consequences'. That's an especially bad idea on your own street, where the opportunity to talk to the owner first and the likelihood of having to face him daily afterwards, are both so much greater than on an occasional route.

If you didn't think there was any risk but your son was wobblier than you thought, then bad luck but it is your responsibility.

lljkk · 10/09/2012 08:14

Not worth long-term bad feeling with neighbours so I would offer to pay for T-cut or repair at a place of my choosing. I would also lean on him heavily to never park his car on pavement in future. He'll probably ignore that request or instead park it on pavement further from your house.

ivykaty44 · 10/09/2012 08:20

244
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
[Law GL(GP)A sect 15]

taken from here

Trills · 10/09/2012 08:23

What about outside of London?

ivykaty44 · 10/09/2012 08:23

Op do you have insurance that covers this type of accident - sometimes household insurance can cover an inccident like this - so it maybe worht checking.

I have insurance with the CTC so they would deal with this for me as it covers liability

What is your neighbours excess and what does his insurance company say - as he should have informed them if he considers this an accident

ivykaty44 · 10/09/2012 08:23

and should not do so elsewhere unless signs permit it

AfishhCalledElvira · 10/09/2012 08:23

This actually happened to me a few months ago....the car was half parked on the pavement but I was mortified that ( in slow motion!) DS who is 5 had made a huge scratch in its wing. I knocked and apologised perfusely (sp?) and he was really nice and said he'd T cut it out. I'm a lot more careful now about where DS cycles as I would have hated to get in that situation again. I did think the same too as where we live is incredibly hemmed in and a lot of cars actually block the pavements but I couldn't live here having a feud- especially as I'm 'known' around here for my business reputation. I would have been a bit Confused if he' d been an arse tho and demanded a re-spray as he also pointed out that his car was parked on pavement. His solution was reasonable ( plus you can't see any damage now - phew!)

It's a tricky one that's for sure!!!

rubyrubyruby · 10/09/2012 08:30

This reply has been deleted

Message withdrawn at poster's request.

PiratesKnittingTreasure · 10/09/2012 08:43

No wonder so many people park on the pavements if there is so much ignorance about the law!

It is illegal to park on the pavements - leaving enough space for a buggy is not good enough, it's illegal, don't do it!

lottiegarbanzo · 10/09/2012 08:48

If there's a problem with pavement parking in your area take it up with the police and the council (who, when I tried, passed responsibility between them, though both do actually have some). Living Streets may have some info on this.

Annoying though it is, launching a six-year old on a bike at them is not an acceptable form of protest. It sounds as though you are looking for an excuse after the event, rather than taking responsibility for your son's cycling in advance. He does not have a right to cycle all over the pavement.

Accidentally knocking a wing mirror with a double-buggy when coming across a pavement-blocking car unexpectedly (or fantasising about scratching cars) is understandable but quite a different scenario, in terms of prior knowledge and rightful use (morally, I'm no lawyer).

ivykaty44 · 10/09/2012 09:02

lottie - why are you suggesting that the Op did this as a form of protest?

ChaosTrulyReigns · 10/09/2012 09:09

Now I want to know about being known for business reputation...

lottiegarbanzo · 10/09/2012 09:36

I'm not suggesting she did that ('would not be an acceptable form...' is clearer). I am saying she is looking for a justification after the event but that the pavement parking is a red herring here and a separate issue.

She knew the car was there, let her son cycle near it, he was less steady than she thought, an accident happened, that was bad luck but she is responsible.

ivykaty44 · 10/09/2012 12:53

If the car parked on the pavement is the red herring then we can ignore that part - therefore the car wasn't scratched as it wasn't in the way when the lad on the bike wobbled whilst he was on the pavement cycling illegally.

Trills · 10/09/2012 12:55

"Known for business reputation" = "is local drug dealer so not to be messed with"

PerspectiveUrgentlyRequired · 10/09/2012 13:07

Op do you have insurance that covers this type of accident - sometimes household insurance can cover an inccident like this - so it maybe worht checking.

I have insurance with the CTC so they would deal with this for me as it covers liability

Insurance wouldn't cover this. You are only covered when you can be deemed liable, and in this case, the OP isn't liable. Her DS is too young to be found to be negligent, and that blame doesn't automatically pass to the carer/parent. A parent is not considered vicariously liable for their child in these circumstances.

It is just a moral question. No one can sue the parent for the actions of the child in this situation. It just doesn't work like that.

Swipe left for the next trending thread