6 year old son collided with car

[SaviTavi]

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?

Erm, your son rode into the side of a car, and you think it’s the car drivers fault?

Exactly how have you worked this out? And why was your young, obviously not in control of his bike son unsupervised enough to do this?

She should have reported it to the police, failing to report a road traffic collision when there is an injury is a criminal offence.

You need to report it OP

Well, they can’t necessarily @Katedanielshasakitty so it’s entirely possible that a PI claim could be successfully defended by the insurer but that doesn’t mean the child/Op would be found liable for the car owners damage.

Bear in mind too it costs money to defend a claim so any claims handler with half a brain isn’t going to start chasing the child’s parents for reimbursement a few hundred pounds for car repairs as that risks sending them straight to a solicitor.

Echoing others above, it sounds as if he wasn't in control and ran into the side of her. Not her fault. I hope your son is okay but perhaps more supervision of a six year old and a less entitled attitude would be appropriate.

No need for clarity, a six year old can not be at fault
Eh? Not legally responsible, maybe. But they can definitely be the one in the wrong.

Firstly, I hope your son is ok now.

But it does sound like your son went into the side of her car so she couldn’t have stopped this happening. Therefore it is your sons ‘fault’. Of course that sounds awful as this is a little boy and things could have been much worse. But taking emotions out, it comes down to money and why should this cost her money when it doesn’t sound like she was at fault. You could probably benefit from some legal advice though.

Are you saying she pulled out from a minor road (the cul-de-sac) into a larger one in front of somebody because she wasn't looking properly? And that person has sustained an injury? And she hasn't reported this RTA resulting in an accident to the Police?

Even if your kid was being a bit silly, it's the responsibility of the driver to check before pulling out.

I'd say don't pay, but as you have the details, report it to the police. As that report number will obviously provide her with the evidence she would need to go through her insurance in pursuit of her costs and very probably make it all go away as she's very likely to be deemed both at fault and of breaking the law with regards to the failure to report

@WhatsMyNameGonnaBeNow

Well, they can’t necessarily *@Katedanielshasakitty* so it’s entirely possible that a PI claim could be successfully defended by the insurer but that doesn’t mean the child/Op would be found liable for the car owners damage.

Bear in mind too it costs money to defend a claim so any claims handler with half a brain isn’t going to start chasing the child’s parents for reimbursement a few hundred pounds for car repairs as that risks sending them straight to a solicitor.

No I am not saying anything should or could be done.

It was just the wording that drivers must take extra care. You can take all the care on the world but can't stop some driving into your car.

Does seem unfair that drivers have to foot the bill for damage to their vehicle that isn't their fault

But also don't want to see 6 year old getting sued.

Regardless of who is at fault the driver needs to report the accident to the Police as an injury occurred. Guidance from the Lincs Police website says
‘How long do I have to report a collision after it has happened?
You should report reportable road traffic collisions as soon as is practicable and in any case, within 24 hours. You should do this in person at your local police station.
The law defines reportable road traffic collisions as a collision involving a mechanically-propelled vehicle on a road or other public area which causes:
• injury or damage to anybody – other than the driver of that vehicle
• injury or damage to an animal – other than one being carried on that vehicle (an animal is
classed as a horse, cattle, ass, mule, sheep, pig, goat or dog)
• damage to a vehicle – other than the vehicle which caused the collision
• damage to property constructed on, affixed to, growing in, or otherwise forming part of the
land where the road is’

If the driver has not reported the incident you can do so either on 101 or online. And also request to the driver that she reports it to her insurance company. The other drivers insurer will not be able to claim damages from a child and the driver is a CF for trying to get the money from you and not going through insurance as that is what insurance is for. The Police will decide if there is any fault on the part of the driver. They won’t prosecute a 6yo child though! Hope your son is recovering OK.

If he went into the side of her car then he may be at fault. It was also probably quite frightening for her too.
Having said that as your son is a minor I dint see how she can make you pay, plus she would have to prove fault

I feel sorry for her. It sounds like your son rode his bike into the side of her car. You were sympathetic verbally to her and she’s come away with the impression that no harm was done except to get car and that you would cover the costs.
Now you don’t want to pay, have discovered your son is bruised and want to report her to the police for not reporting it herself. Was her car stopped at the junction to your road when your son rode into her car?

You could call 101 for advice, then they will tell you the best course of action.

So she was slowing down as she exited from the cul de sac and your son drove into the side of her?
Was he on the road or did he come off the pavement in order to be able to hit her?

I still think this is a reverse

I think you should offer to pay if your son went into her car. I'd be pretty pissed to have to go through my insurance.

If she get him front on it’s her fault, if your son went into the side of her it’s his fault.....as he is 6 though it’s technically classed as the resident/s parent/s fault as your responsible for him

From the damage on her car and the way you have described it e.g 'collided'.... it sounds very much like she was driving in a straight line on the road (probably pretty slowly since she had seen children playing) and your son was out of control and rode into the side of her car? Am I missing something?

Seems a common question amongst posters and you haven't been back yet to clear it up.

I'm baffled as to how the woman "seeing them playing on the way in" to a job in the culdesac could have used that as a heads up that he would cycle into the side of her car some time later.
How could she have avoided this, do you think?

Needs a diagram!

If she pulled out into his right of way it is possible he could go into her door but her be at fault isn't it (as per example upthread re car coming out of side road onto main road).

I am assuming your 6yo wasn't cycling along a significant road unsupervised 🤔 but could imagine children cycling in the road of the cul de sac and the driver pulling out of a driveway without due care and DC going into the side door. If it happened like that, morally it's surely on the driver.

If DC is at fault then an apology and sharing the costs (checked with another garage to get a sense for whether what she's asking is appropriate) seems the right thing even if not legally enforceable.

Sounds quite frightening for them both - I hope your son is ok now.

@GreyhoundG1rl

No need for clarity, a six year old can not be at fault Eh? Not legally responsible, maybe. But they can definitely be the one in the wrong.

It would be the OP at fault for not adequately supervising her child near traffic.

However as the driver didn't stop check the child wasn't injured, call an ambulance if necessary, and also didn't report it to the police she can whistle for the money.

Like others have said I think you need to give more clarity about what happened. Was he being supervised? Sounds like if he had been a second or so earlier it could have been a hell of a lot worse.

Haven't read the thread bit submit a PI claim. She can counter claim if she likes but will probably be told to do one with that.

There is no way a 6 yo will be held more liable than a car driver.

Hope he is OK.

Report the accident to the police yourself.

No one has said that the driver didn’t stop or report it to the polis though 🤷‍♀️

As the driver of a car hit by a speeding bike, while I turning right. Your son is not legally responsible, nor are you.
She has to claim on her insurance and your son can claim against her for damages, I kid you not.

@MadeForThis

Report the accident to the police yourself.

Oh yes and then submit a PI claim.

Bruising to his chest etc he is likely to get over £1000.