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Original poster

6 year old son collided with car

316 replies

SaviTavi · 28/07/2021 19:02

A woman is trying to bill us for damage to her car after she was coming out of a cul de sac and collided with my 6 year old son on his friends bike. She was coming straight on (was luckily slowing down) and my son collided into the side of her car.
She claims she didn't see him despite seeing him and his friend playing as she went into the cul de sac and thinks we should pay for the damage to the side of her car to stop her insurance increasing. While I was sympathetic because she uses her car for work (and was driving away from a job) my son was Injured from the handle bars hitting his chest and I took him to A&E to get checked over. He's got minor bruising. The woman has been rather cheeky and messaged half an invoice of "damage estimates" which have been hand written and have no header from a garage. My son dented the wing panel and the handle bars have scratched the passenger door. These estimates are from a family friends garage.
She's not reported the incident to the police but is demanding we pay. She hurt my son and I'm cross she's trying to get about 400 quid from us.
Legally do we have to pay?

OP posts:
Original poster
SaviTavi · 28/07/2021 22:40

@JellyBabiesFan

I get universal credit once a month it covers my housing costs, bills and just about our food. I can't just spend 400 quid on things. I don't understand how other people find this difficult to understand. I have 54p to my name

But you find money for phones, ipad, television

Those were gifts off family which is why they have been insured for 3 years while purchased. I couldn't afford to buy them.
OP posts:
Original poster
SaviTavi · 28/07/2021 22:42

My mum actually pays for my DD school Ipad through her school scheme too. For her schoolwork. I wouldn't purchase an apple ipad outright.

OP posts:
Original poster
SaviTavi · 28/07/2021 22:42

*couldn't

OP posts:
Original poster
SaviTavi · 28/07/2021 22:45

I also have a zero cap mobile from tesco so I don't over spend. I also had to consolidate old debt into a debt management plan with step change if you want to know some more of my financial worries....

OP posts:
WhoNeedsaManOfTheWorld · 28/07/2021 22:45

Your son rode into her car so yes he was to blame but it does sound as though she is taking the piss and trying to get cash out of you
I wouldn't pay a bill from a family garage. It needs to go through the insurance properly so you are not ripped off

dexterslockedintheshedagain · 28/07/2021 22:47

If she uses her car for work, her own car as opposed to a company car, perhaps she hasn't got the right insurance, and that's why she doesn't want to go through her insurers?

Terminallysleepdeprived · 28/07/2021 22:48

I'm sorry your financial situation is so dire @savitavi but I am sorry, you and your son are at fault.

No child should be playing in the road or that close to the road on a bike they have no control over. A kid I went to school with was killed when he lost control and went under the wheels of an 18 wheeler lorry.

You should have been at his side not 10ft away sat in your garden. I'm sorry but you were irresponsible, and you caused your son to be hurt. The driver did nothing wrong here.

You need to find a way to make it right. Speak to the driver, explain, offer a payment plan maybe? If your family are financially able to buy ipads, t s etc for you then you may need to seek out a loan from them at worst. But you do need to make this right.

Musicalmistress · 28/07/2021 22:55

@Indoctro

Also you should have reported this to the police, a minor was hit by a car. Doesn't matter the circumstances, a child was hit so it's a police matter.
The car didn't hit the child, the child ran into the side of the car quite a significant difference.
Lougle · 28/07/2021 22:56

The OP doesn't have to do anything. People on MN like to assert their views on these things as if they're facts. The OP is not liable for her DS's actions and while it's very unfortunate, that's why drivers have insurance.

Original poster
SaviTavi · 28/07/2021 22:56

I've spoken with the police who have said its a civil matter.

OP posts:
DazzlingHaze · 28/07/2021 22:57

Unfortunately, this was your/your son's fault. The driver didn't do anything wrong, he rode into the side of her car - what could she have done to stop that? If he had cycled into a wall you wouldn't be saying the wall hurt him, he hurt himself.

However, I really do sympathise with your financial situation as mine is similar. I would tell her you cannot afford to pay and tell her she will need to go through her insurance. If they come after you for the costs they will need to set up a payment plan that is actually affordable for you. You can't pay money you don't have.

Howshouldibehave · 28/07/2021 23:02

@SaviTavi

I've spoken with the police who have said its a civil matter.
You’ve just spoken to them now?
Original poster
SaviTavi · 28/07/2021 23:04

No after the incident happened on Saturday.

OP posts:
CandyLeBonBon · 28/07/2021 23:05

The op cannot be compelled to pay for this person's repairs.

Regardless of what pp seem to think the op SHOULD do, she is not obliged to pay for anything.

It is an insurance matter. It's unfortunate and the op needs to supervise the dc better in future but there is no legal requirement for her to pay for the car driver's repairs.

As others have said, that's what insurance is for.

redastherose · 28/07/2021 23:05

@SaviTavi you get lots of people who don't know what they are talking about on the legal boards. Read what phr47bridge says.

CandyLeBonBon · 28/07/2021 23:09

Under no circumstances offer to pay anything. The car driver can or could still make an insurance claim.

tallulahhula27 · 28/07/2021 23:11

Imagine hitting a child in your car then having the gall to try and get money for it...

BananaSpanner · 28/07/2021 23:15

Your son was injured in an RTC, it needs to be reported. You were given incorrect information by the police.
I would not pay just on her say so.

Notwavingbutdrowing3 · 28/07/2021 23:28

@bathorshower

Firstly, I'm pretty sure your child isn't responsible given his age.

Secondly if I am cycling on the main road, and someone pulls out of a side road and we collide because they hadn't seen me, they are definitely at fault as I had right of way. That would still be the case if I hit their door. It sounds as though that might have been the case?

Thirdly, she should have reported herself to the police for colliding with a child. I guess she hasn't....

This ^^

You said she didn't see him as she came out of a cul de sac, which sounded more like she pulled in-front of him , as opposed to he rode into side of her car randomly in the street.

A child was injured in RTA with her (car) she had a responsibility to contact police. She's provided you with her details now, which makes it possible to report it

Fiddliestofsticks · 28/07/2021 23:39

You son rode into the side of her car. Honestly, if she had hit her brakes, then he could have ended up in front of her car and under it depending on the braking distance needed. It's probably better for him that he hit the side.

But anyway, this isnt her fault. It's yours. Your kid rode right into the side of a car. He injured himself, possibly damaged his friend's bike and he has damaged a car. All his fault. You need to find a way to pay for it.

Fiddliestofsticks · 28/07/2021 23:44

@bathorshower

It sounds more like the driver as slowing down as she approached the junction at the end of the cul de sac. The kids were playing on their bikes near the corner of the pavement, and her son rode off the pavement, into the road and into the side of her car, as she was driving down a straight road and slowing down because she was approaching a junction.

She hadn't pulled out yet. She was slowing for the junction, kid came off the pavement and into her car. The OP said the pavement had a dropped kerb because it was a crossing point, and crossing points are usually several feet away from the junction. So she wasn't pulling out yet; she was still driving along the cul de sac toward to the junction.

Notwavingbutdrowing3 · 28/07/2021 23:44

@CandyLeBonBon

The op cannot be compelled to pay for this person's repairs.

Regardless of what pp seem to think the op SHOULD do, she is not obliged to pay for anything.

It is an insurance matter. It's unfortunate and the op needs to supervise the dc better in future but there is no legal requirement for her to pay for the car driver's repairs.

As others have said, that's what insurance is for.

Apologies I posted having missed there were pages more earlier!

This is the reality OP

Tell her to go through her insurance company.
She has asked you to pay privately, with a handwritten invoice. You can't afford it and feel the invoice is dodgy. She should be going through her car insurance unless she is choosing to repair it herself,

I suspect her insurance company would be happy to pay her repairs rather than risk a potential child injury claim, as a claims adjuster said earlier in the thread.

Vitallyli · 28/07/2021 23:45

Gosh I can't believe people here say they feel sorry for that woman. Who in their right mind will not ask about a 6 year old child's health after such an accident? Are you out of your minds people, who cares about a stupid car when a child's health is in question??? We've got insurance to cover for stuff and accidents.

OP, tell her to go through her insurance, you are not legally bind to pay for the damage unless insurance say so, chances are she won't fix her car at all and won't go through her insurance. Incidents do happen and she must be relieved that your son was safe even if that wasn't her fault. It is one of those things. Glad he's okay and hopefully this won't affect his confidence. Please don't take close to heart insensitive comment here. It must have been scary for all involved. The woman must be in a shock as well I guess.. I had someone hitting my car from the back when I was slowing down out of hesitation (so automatically their fault I think for not keeping the distance). I was in the car with my driving instructor and felt so sorry because I felt it was my fault for slowing down without a reason. He told me whatever happens do not say sorry to the other driver because saying sorry means you think you are guilty, maybe that's her strategy too.

NYNYNYNYNYNYNYNYNYNYNYNYN · 28/07/2021 23:49

100% your sons fault

I just can not understand for the life of my why you thought at 6 year old he was safe to ride along a road in his own.

You need to pay to repair the damage your son has caused

Vitallyli · 28/07/2021 23:50

Also insurance payments cannot put you in financial struggle they must come up with a repayment plan IF she goes through with the insurance.