Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

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

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:
Vitallyli · 28/07/2021 23:55

@NYNYNYNYNYNYNYNYNYNYNYNYN oh and if she'd hit a pedestrian it would also be their fault for jumping in front of the car then. If she saw him and paid attention she would have tried to avoid collision or beeped. She clearly didn't! A 6yo in a group of youngsters on bikes in a hazard that the driver should have looked out. I personally wouldn't have moved AT ALL if I saw a 6yo on a bike anywhere near my car.

justasmalltownmum · 28/07/2021 23:58

Accidents happen. Tell her to go through her insurance and then only deal with them.

SheldonesqueTheBstard · 29/07/2021 00:00

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???

The woman must be in a shock as well I guess..

I guess you answered your own question there vital

Shock does not make you act rationally. Some shut down completely. Some talk of little things because the bigger picture is far too horrendous for them to contemplate.

I feel sorry for her because she was put in an awful situation which could have been easily prevented, as the OP admitted.

SheldonesqueTheBstard · 29/07/2021 00:02

If all cars were stationary at the sight of a child on a footpath, then nothing would ever move.

CandyLeBonBon · 29/07/2021 00:02

@NYNYNYNYNYNYNYNYNYNYNYNYN

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

Insurance
NYNYNYNYNYNYNYNYNYNYNYNYN · 29/07/2021 00:03

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk guidelines.

CandyLeBonBon · 29/07/2021 00:03

@NYNYNYNYNYNYNYNYNYNYNYNYN

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

Insurance. Literally what it's there for.
CandyLeBonBon · 29/07/2021 00:06

@tallulahhula27

Imagine hitting a child in your car then having the gall to try and get money for it...
Imagine interpreting the original situation as outlined by the op, and making up a dramatic scenario that has no bearing on reality (according to the op, which is all we have to go on!)
prh47bridge · 29/07/2021 00:35

@NYNYNYNYNYNYNYNYNYNYNYNYN

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

You may be a police officer, but you don't know what you are talking about. From a legal perspective, the OP only has to pay if either she or her son was negligent. The courts would not hold a 6-year old negligent and it is highly unlikely they would hold the OP negligent in the circumstances described. It may be the OP's son's fault but, legally, it is very unlikely the OP is required to pay anything.
Vitallyli · 29/07/2021 00:41

@NYNYNYNYNYNYNYNYNYNYNYNYN OP said the child couldn't stop tried to avoid collision and went into the side rather than front of the car. Where was the driver looking, officer? If after a collision involving a child that left a little dent on your car all you think about is getting your money asap avoiding premiums on insurance I would indeed rather climb back under my rock.

CandyLeBonBon · 29/07/2021 00:56

@NYNYNYNYNYNYNYNYNYNYNYNYN
Are you a U.K. police officer?

CandyLeBonBon · 29/07/2021 00:58

Honestly @NYNYNYNYNYNYNYNYNYNYNYNYN you'd probably have more luck taking an errant deer through the criminal justice system!

CrouchEndTiger12 · 29/07/2021 06:10

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk guidelines.

Katedanielshasakitty · 29/07/2021 06:22

I cannot believe people are blaming a 6 year old. Driver could have killed him.

The fact that a child could be killed by a car doesn't mean the driver is at fault.

Where I live a 3 year old stepped out between parked cars and was hit by a car going less than the speed limit. The driver was deemed not at fault. They couldn't have done anything to avoid what happened.

A few weeks ago I was driving and a small child was on the edge of the path, on a balance bike. I slowed right down as soon as I saw him. The child didn't have an any adults present. I was going under the speed limit and still slowed down as much as I could. The child stepped out in front of the car right at the last second and I managed to stop. There was a police car behind me. People who witnessed it, ran over and the turns out the mother was about 200 yards up the street. I was in absolute bits as, when he stepped out despite going slow I thought I was going to hit him.

Again, I wasn't at fault. A driver killing a child doesn't mean the driver is at fault.

Billandben444 · 29/07/2021 07:07

Driver could have killed him.
No, the child could have killed itself by going into the side of an almost stationery car.

I'm glad your son is OK (the only thing that matters here) and I'd try not to worry about any possible claims. It sounds to me that you have no option but to tell her to go through her insurance as you can't afford to pay for the damage yourself (whether you are legally responsible or not) and then sit back and see what happens. She might decide not to as her premiums will rise but that will be her decision. The estimate sounds dodgy to me and if she does go through her insurance it might need to be done by an approved garage and not a family friend anyway but don't apologise for your child and be calm and professional when dealing with her. When my son was 8 he was riding home from cubs on his bike on the pavement and drove into the side of a car backing out of its drive. She brought him and his mangled bike home in the car and they were both in shock - nothing was ever said about us paying for the damage and she knocked a week later to check he was OK. Try not to worry and just let it unfold.

CrouchEndTiger12 · 29/07/2021 07:11

@Katedanielshasakitty

I'm a solicitor who did several years in personal injury before switching areas.

You have only anecdotes.

It is rare for the child to be held more responsible than a car driver in the circumstances the OP has described. In general also.

I don't know why MN has a legal section for people like you to say it happened to me and my mate...and think you're right about it.

Katedanielshasakitty · 29/07/2021 07:19

[quote CrouchEndTiger12]@Katedanielshasakitty

I'm a solicitor who did several years in personal injury before switching areas.

You have only anecdotes.

It is rare for the child to be held more responsible than a car driver in the circumstances the OP has described. In general also.

I don't know why MN has a legal section for people like you to say it happened to me and my mate...and think you're right about it.[/quote]
No, one of those situation was an actual case. Involving people I know.

How would a solicitor think that in all cases, where a child is killed by a moving vehicle the drive is at fault? Legally at fault? Are you actually saying you have never seen a case, where child has been seriously injured by a moving car and the driver has been deemed as not at fault?

That doesn't mean the child is, legally, to blame. I didn't say that.

I didn't give legal advice. I wasn't pointing out that your statement about 'the driver could have killed him' isn't right.

At no point did I claim I was making a legal argument I was pointing out 2 situations, where the driver was not at fault for a child coming into the road. Both times backed up by the legal system.

Even the op knows her original words about her striking him was wrong.

woohoo54 · 29/07/2021 07:39

Lots of people commenting on here OP who don't really know what they're talking about.

Take the advice from actual solicitors above - as he's a child he's unlikely to be found at fault. The only way she can make you pay is if she contacts her insurance and goes through the courts.
1)she doesn't want to do that as it'll make her premiums go up so probably won't
2) it'll be a lot of a hassle for her

So just don't pay her anything and then if she does go through the insurance and they go to court they'll work out a very low and affordable payment plan for you. Or if they do contact a debt management charity who can then help sort a payment plan.

But for now you don't have to pay so hope she doesn't Persue any further

Wouldlovetobeinthesun · 29/07/2021 07:49

It's highly likely that if the driver was to go to an approved car boydshop of the same make of car, it would be at least double or treble in cost. I think that if she's gone to a local garage or friend and is asking you for half, then it's to keep the cost down for both of you. From what you've said the fault lies entirely with your son and you need to stop excusing it by saying he was on a different bike etc. Yes he hit the handlebars but he was thankfully 'only' bruised.

As you cannot afford a lump sum, it is you who should be offering to pay in instalments rather than waiting for the driver to do something about it. You have to step up and take responsibility.

Lougle · 29/07/2021 07:55

"As you cannot afford a lump sum, it is you who should be offering to pay in instalments rather than waiting for the driver to do something about it. You have to step up and take responsibility."

It is not legally her responsibility. She doesn't have to do that. The driver can claim for the damage on her insurance.

MyMabel · 29/07/2021 07:55

Is the bike damaged? I’d be sending her an hand written invoice for a new bike and the necessary things to make your son feel better sooner. You know, the important stuff like magazines to read while he recovers, goodies.. the usual.

Whinge · 29/07/2021 07:58

@MyMabel

Is the bike damaged? I’d be sending her an hand written invoice for a new bike and the necessary things to make your son feel better sooner. You know, the important stuff like magazines to read while he recovers, goodies.. the usual.
Why?

It wasn't the drivers fault that the bike was damaged or the OPs son was hurt. Confused

TheOnlyLivingBoyInNewCross · 29/07/2021 08:08

Jesus, people have no fucking clue do they?
Come on OP you must be able to magic up the money for the damage, plus each month for contents insurance and don’t forget your rainy day fund now will you

The average cost of basic contents insurance can be as little as £56.75 a year so don't go flouncing around with your reverse snobbery and assumptions that most of us don't know how to (or have to budget). Yes, we do have a fucking clue - a fucking clue that actually just under £5 per month is probably manageable for quite a lot of people.

icedcoffees · 29/07/2021 08:18

@MyMabel

Is the bike damaged? I’d be sending her an hand written invoice for a new bike and the necessary things to make your son feel better sooner. You know, the important stuff like magazines to read while he recovers, goodies.. the usual.
Why would you do that?

Her son was out unsupervised and smashed into the side of her car. It's not her responsibility to buy a new bike or magazines! Hmm

ElaineMarieBenes · 29/07/2021 08:18

Tell her to start CC proceedings against your DS? She has insurance and should report to her provider - in not reporting the accident she may be in breach of her policy. You could also tell her you are considering a no win / no fee personal injury lawyer to represent your son regarding the injuries he sustained?