Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

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:
elfycat · 28/07/2021 19:26

She's broken the law by not reporting the incident to the police. The car driver has to report IN PERSON to the police within I think it's 24 hours ( might be 48) - particularly as there was an injury. DH had this with an adult cyclist and we were going on holiday the next day. Not DH's fault as the cyclist probably came off the pavement from a red light at a junction. If he hadn't reported it it would have been considered a hit and run.

I'd tell her that you're going to contact the police to discuss how 'fault' is determined in these cases.

And if you are going to pay contact your garage and pay for a quote for the work independent of her claim.

BridgetInHerBravery · 28/07/2021 19:26

Don't pay anything, let her go through her insurance.

Hope your son is ok, and maybe consider that he needs supervising if he's playing on the road.

SheldonesqueTheBstard · 28/07/2021 19:26

If it is a reverse I will see my arse pixie

SoddingWeddings · 28/07/2021 19:26

We need a diagram.
And why did no one report this to the police at the time? It should have been.

Wigalish · 28/07/2021 19:27

If your child got the wing mirror and damaged side of car then your child was at fault as they collided with the car. The car doesn't move side ways.

DragonMamma · 28/07/2021 19:27

Based on how you’ve described it, I see it as she was driving along and then you DS went in to the side of her car? I’m assuming he was travelling and couldn’t stop so the car stopped his direction of travel?

If that’s how it happened then you should absolutely pay. It’s not her fault if your DS is hurt - that’s on you and him!

insancerre · 28/07/2021 19:28

She should have reported it to the police as someone was injured
She also needs to claim through her insurance

GreyhoundG1rl · 28/07/2021 19:29

While I was sympathetic because she uses her car for work
You should have been sympathetic because your son rode his bike into the side of her car.

Unsure33 · 28/07/2021 19:29

Is it not the law that if there is an accident and someone is hurt the driver should report to the police immediately ? Does not matter whose fault it is ?

I would ask her if she did that
Tell her to go through insurance
And I don’t think you should accept just one estimate from a local garage .
Did anyone take a photo of the damage .

Also check your household insurance to see if you have any cover at all in case it gets complicated .

WhatsMyNameGonnaBeNow · 28/07/2021 19:30

Her insurers won’t come near you unless her case is being handled by someone very inexperienced. I can’t imagine she’d get a solicitor to take her case either unless she knows one that likes to work for free!

I’m a personal injury claims handler @SaviTavi and the concern the insurer would have is the possibility of an injury claim from the child. A child of that age can’t be considered “negligent” and despite what some MNers believe the law should be, it’s not actually very easy to attach negligence to the parents. Generally the courts take the view that children around a residential street during school holidays is not an unreasonable or unexpected occurrence and that the onus is on the vehicle driver to take extra care.

AwaAnBileYerHeid · 28/07/2021 19:31

It sounds as though your son was at fault, therefore you should pay.

Cocomade · 28/07/2021 19:31

Your sons at fault really

Unsure33 · 28/07/2021 19:33

@elfycat

Sorry missed your post , yes I think it is important because my dad was involved in a very minor bump and everyone said they were ok . Then later he was contacted as someone was actually injured and was going to be charged with leaving the scene of an accident where there was an injury without reporting it . Which is what stuck in my mind.

Katedanielshasakitty · 28/07/2021 19:33

@WhatsMyNameGonnaBeNow

Her insurers won’t come near you unless her case is being handled by someone very inexperienced. I can’t imagine she’d get a solicitor to take her case either unless she knows one that likes to work for free!

I’m a personal injury claims handler @SaviTavi and the concern the insurer would have is the possibility of an injury claim from the child. A child of that age can’t be considered “negligent” and despite what some MNers believe the law should be, it’s not actually very easy to attach negligence to the parents. Generally the courts take the view that children around a residential street during school holidays is not an unreasonable or unexpected occurrence and that the onus is on the vehicle driver to take extra care.

Not disagreeing at all.

But how can q driver stop someone going into the side of them.

Cillmantain · 28/07/2021 19:33

Sounds like your son hit her so yes you should pay for the damage

EmmaGrundyForPM · 28/07/2021 19:33

It sounds as though your ds caused the accident. I think morally you should pay.

Crockof · 28/07/2021 19:33

@WhatsMyNameGonnaBeNow

Her insurers won’t come near you unless her case is being handled by someone very inexperienced. I can’t imagine she’d get a solicitor to take her case either unless she knows one that likes to work for free!

I’m a personal injury claims handler @SaviTavi and the concern the insurer would have is the possibility of an injury claim from the child. A child of that age can’t be considered “negligent” and despite what some MNers believe the law should be, it’s not actually very easy to attach negligence to the parents. Generally the courts take the view that children around a residential street during school holidays is not an unreasonable or unexpected occurrence and that the onus is on the vehicle driver to take extra care.

This, especially being under 10. However failing to report an accident is an offence.
Duchess379 · 28/07/2021 19:34

The police should be informed because someone was injured ie: your son. If she goes through the insurance company, they are going to ask if this has been done.

Lougle · 28/07/2021 19:35

You can't be held liable for your DS's actions and he can't be held liable as he's 6 years old. However, if he rode in to her, then the accident isn't her fault. If he's got bruising then he must have been travelling reasonably fast and you might want to reconsider whether it's safe for him to be cycling in that area unsupervised.

bathorshower · 28/07/2021 19:35

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....

MyFartWillGoOn · 28/07/2021 19:35

OP, I think clarity is required here before anyone can properly advise (maybe a diagram)

You mentioned she was turning into a cul de sac but didn't see your son, was coming straight on but it seems he hit the side of the car...

Impossible to tell who was at fault here bur if your son was unsupervised and rose into the road and into her car then I'm surprised she's only billing you for half!

Staffy1 · 28/07/2021 19:35

It does sound as if your son is at fault and yet she is only asking for half the damages, quite decent of her. Does she even know your son was injured? Minor bruising might not count as an injury regarding having to report it to police for injuries.

Crockof · 28/07/2021 19:36

Where was your son? On the road?

Howshouldibehave · 28/07/2021 19:36

If a 6 year old isn’t responsible for riding their bike into the side of someone’s car and causing hundreds of pounds of damage, shouldn’t the parents be closely supervising them?!

Crockof · 28/07/2021 19:36

@MyFartWillGoOn

OP, I think clarity is required here before anyone can properly advise (maybe a diagram)

You mentioned she was turning into a cul de sac but didn't see your son, was coming straight on but it seems he hit the side of the car...

Impossible to tell who was at fault here bur if your son was unsupervised and rose into the road and into her car then I'm surprised she's only billing you for half!

No need for clarity, a six year old can not be at fault
Swipe left for the next trending thread