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Legal matters

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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:
pollylocketpickedapocket · 28/07/2021 19:54

@Terminallysleepdeprived

Depends whether or not your son was at fault. Did she hit him or did he ride into her car?

If the former then her fault and you shouldn't pay. If your son was at fault then you absolutely should pay.

Son at fault? He’s fucking 6, did you miss that bit???
OnceUponAMidnightBeery · 28/07/2021 19:54

@GreyhoundG1rl

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?
In this case I totally agree.
SheldonesqueTheBstard · 28/07/2021 19:55

Sorry that sent too quickly! Start again!

No one said that the driver didn’t stop.

No one said that the driver didn’t check the child.

We don’t know that the incident wasn’t reported to the polis.

All we do know is that the driver has asked for help to pay the damage the OP’s son did to her car.

NekoShiro · 28/07/2021 19:55

Pretty sure legally no you don't, even if you did it would still have to go through her insurance or atleast a police report. I'd tell her seeing as she is wanting to charge you to avoid going through insurance then you're going to have to call the police to give them a report so you can give the report number and the details of a&e to her insurance.

Isn't a child playing the exact kind of distraction you're supposed to be vigilant about while driving? Isn't this part of the licence test? Road hazards?

Bingbongbash · 28/07/2021 19:56

Your son ride his bike into the side of her car.
She did not hurt him. He hurt himself.

Whinge · 28/07/2021 19:58

Isn't a child playing the exact kind of distraction you're supposed to be vigilant about while driving? Isn't this part of the licence test? Road hazards?

I agree a driver should be aware of their surroundings, but even if she had seen him how was she supposed to stop the child from colliding into her car?

Mantlemoose · 28/07/2021 19:59

Your son collided into the side of her car so unless she was driving on the pavement then you should pay for the damage. No idea how this works but I assume her insurers will contact yours for personal liability?

@MadeForThis Oh yes and then submit a PI claim. Bruising to his chest etc he is likely to get over £1000. Assuming this is sarcasm but if not a) this is why insurance premiums continue to rise and b) how disgusting you would use a childs injury for ££££

AlfonsoTheMango · 28/07/2021 20:01

Agreeing with the posters who say that if your son rode into the side of a car the driver is not at fault.

Minor bruising is hardly "injuries" that merit "over £1,000" compensation, @CrouchEndTiger12.

PommieCheeks75 · 28/07/2021 20:02

Did she report it to the police? If not surely she left the scene of an accident…?

LIZS · 28/07/2021 20:03

Or did she pull out across the path of your ds? Was he riding too fast to stop?

Toddlerteaplease · 28/07/2021 20:03

I'd be absolutely fuming if a child rode in to my car and damaged it. And I would not be happy about having to claim on my insurance either. Yes I would expect you to pay for it.

Bingbongbash · 28/07/2021 20:05

People should stop driving in your area if the DCs can just drive into the side of them and claim for injuries. Immoral suing culture that drivers have no control over.

NativityDreaming · 28/07/2021 20:05

I think you do need to report this to police and tell her she needs to go through insurance. Everything by the book.

PepeSilviaDoesNotExist · 28/07/2021 20:07

My colleague was hit side on by a bike causing over £1000 damage. Bikes do not have insurance so you can’t claim against them. He is now at risk of having a personal injury claim from the cyclist and all he did was turn into a junction.

All this because the cyclist didn’t stop at a crossing and smashed into his back door!

Morally your son may be at fault but I don’t think she will have much luck pursuing you for the money.

Lalliella · 28/07/2021 20:07

If she was pulling out of a cul de sac she should’ve given way to any vehicle that was on the road she was pulling onto, including 6 years olds on bikes, so the accident is 100% her fault. You should report this to the police, especially as your son was hurt. That sounds like driving without due care and attention to me. Absolutely do not pay her a penny. You should be claiming on her insurance for the injury to your son.

Saidtoomuch · 28/07/2021 20:08

If someone is injured in an road traffic accident then the police should be informed and take statements. If I understand right, your child was on the road and she was coming out of a cul-de-sac? If he hit the side of her car then she is responsible? Children aren't allowed to cycle on pavements, so your son had every right to be on the road. Don't pay a penny. Speak to the police.

Alternista · 28/07/2021 20:09

Collided to me suggests two parties hitting each other.
But you’ve essentially described your son cycling into the side of her car. How could she have stopped that?

I’m also struggling to see how she’s liable for this tbh.

Southwestrunningmum · 28/07/2021 20:10

More concerned he wasn’t supervised

CovidCorvid · 28/07/2021 20:11

And this is why 6yos shouldn’t be allowed to play outside on bikes on the public highway especially unsupervised. Lots of parents seem to think cul de sacs are playgrounds. If you let them play on bikes on the road you have to accept the risk they may be hit by a car and if your ds went into the side of the car then morally I think you should pay.

notapizzaeater · 28/07/2021 20:11

We really need a diagram. Was it reported to the police ?

GreyhoundG1rl · 28/07/2021 20:12

@Lalliella

If she was pulling out of a cul de sac she should’ve given way to any vehicle that was on the road she was pulling onto, including 6 years olds on bikes, so the accident is 100% her fault. You should report this to the police, especially as your son was hurt. That sounds like driving without due care and attention to me. Absolutely do not pay her a penny. You should be claiming on her insurance for the injury to your son.
The boys were in the culdesac.
cansu · 28/07/2021 20:12

Was your six year old out on a bike in the road on his own??

  1. If he went into the side of her car, he seemingly hit her rather than th other way round.
  2. If he is riding into the road on a bike without adult supervision aged 6 then that is also on you. He isn't suitable to be on the road yet.

Maybe you should be rethinking what your six year old is and isn't allowed to do.

YellowBellyCat · 28/07/2021 20:12

@Lalliella

If she was pulling out of a cul de sac she should’ve given way to any vehicle that was on the road she was pulling onto, including 6 years olds on bikes, so the accident is 100% her fault. You should report this to the police, especially as your son was hurt. That sounds like driving without due care and attention to me. Absolutely do not pay her a penny. You should be claiming on her insurance for the injury to your son.
I’m assuming the kid was in the cul de sac and went into the side of the car as the car was slowing down….that’s how I read it anyway. Or maybe the 6yo was playing on the main road? Which is even more bonkers.
1dayatatime · 28/07/2021 20:13

A similar accident happened to my brother and his daughter when a woman reversed off her drive, hit the bike which broke her rear cluster. Very luckily his daughter was not injured.

My brother did not report the incident as daughter was not injured. Woman then asks my brother to pay for the damage to the car, he refused.

She then took it to court via the insurance company claiming his daughter crashed into her car. It was then his word against her, he lost and then had to pay £300 compensation plus a significant legal cost.

I think you have two choices

  1. report the incident to the police for the driver colliding with your daughter Or
  2. pay the compensation But doing nothing is the worst option.

She then took it

DrunkenKoala · 28/07/2021 20:14

I’ve read it as she was driving to the exit of the cul de sac and your son had ridden into the side of her car. I don’t understand how that can be her fault. Agree we need a diagram for clarity. Also I would probably report to the police and see what they say.

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