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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:
OhNoNoNoNoNo · 28/07/2021 20:15

Sounds like it was your sons ‘fault’ or more accurately whoever was meant to be supervising your son. I think you should pay for the damage. Unless you haven’t given all the facts.

Bingbongbash · 28/07/2021 20:16

OP, If you are in your car tomorrow and someone slams into the side of your car so hard they bruise themselves, will you be paying them compensation? If so fire ahead with suing the woman your child drove into. You are a CF.

Sunshineaftermorningrain · 28/07/2021 20:17

Er is it just me who has managed to understand perfectly what happened without a diagram, or are posters taking the piss?

SquishySquirmy · 28/07/2021 20:19

If I have understood correctly, your son crashed into the side of her car, so he must have been cycling off the pavement onto a road with a car on it. And he must have been cycling fast enough that he was bruised and the car was damaged.

Is that right?
Then why the hell was your son not supervised riding a bike at speed (fast enough that he had bruises) onto a road?

If he was supervised, then why the fuck was he allowed to do that when there was a car coming?

Just to be clear, I am NOT blaming your son who is only 6.

I am blaming whoever was supposed to he supervising him.
Perhaps instead of getting arsey with the driver, or going after compo (as a pp suggested) reflect on how much worse it could have been, and what you will do in the future to prevent your young child cycling off the road at speed into traffic.

Whinge · 28/07/2021 20:19

@Sunshineaftermorningrain

Er is it just me who has managed to understand perfectly what happened without a diagram, or are posters taking the piss?
It's impossible to know for sure what happened, the OP isn't clear where her son was, or the layout of the road.
SquishySquirmy · 28/07/2021 20:20

Out of interest, if a child rides into the side of a parked car whose fault is that?

prh47bridge · 28/07/2021 20:23

Another thread with lots of poor advice mixed in with some good advice.

Those saying the driver should have reported this to the police are wrong. Despite what some police websites say, the law is that you only have to report an accident if you do not exchange details at the scene (Road Traffic Act 1988 S170).

The legal position is that it is very hard to prove that a child is negligent. Parents can only be held liable if they were negligent.

Those who would expect you to pay would find that the courts take the view that it is up to the driver to be alert and avoid young children.

The driver may be liable for your child's injuries. It is highly unlikely that either you or your child is liable for the damage to the car.

PegasusReturns · 28/07/2021 20:24

Tell her to go through her insurance. It will go nowhere - they will not hold a child liable in the circumstances that are described.

purplesequins · 28/07/2021 20:25

neigbours dc had an accident where the side of the car was scratched.
driver overtook the child too close and clipped them with the wing mirror.
mirror was ripped clean off and the bike's handlebar scratched most of the length of the car.
luckily child was fine apart from a fright and a few scratches. car driver had to pay for the bike to be repaired.

prh47bridge · 28/07/2021 20:26

@SquishySquirmy

Out of interest, if a child rides into the side of a parked car whose fault is that?
Potentially no-one's as far as the law is concerned. As per my last post, it is very difficult to prove that a child is negligent, particularly a young child. So, unless the parents were (or should have been) in a position to stop their child and failed to do so, you would not be able to get any compensation from the child or their parents. The accident would clearly not be your fault but you or your insurers would have to pay for any damage to your car. However, you would not be liable for any damage to the bike or injury to the child.
Cattitudes · 28/07/2021 20:28

The confusion for me is OP says she was coming 'straight on' which implies that rather than say OP's son riding at right angles into the door, instead she drove straight at him (? Maybe coming off a drive) and he was facing the opposite direction so the front wing panel hit him first, then as she kept driving the handlebars also scraped the door, so if he had been a meter further across it would have been a head on collision, fortunately though it was more of a glancing blow. If she was coming off a drive and he was cycling on the road towards the drive then I think she would be at fault for not seeing him coming towards her as she drove onto the road. Probably best to settle through insurance though. She should inform the insurance anyway because she has had an accident even if she chooses not to claim.

Patapouf · 28/07/2021 20:28

It needs to be reported to the police and her insurance company. She could have killed your child don't give the witch a penny.

Katedanielshasakitty · 28/07/2021 20:30

The legal position is that it is very hard to prove that a child is negligent. Parents can only be held liable if they were negligent.

Not asking in relation to this case in particular. Just more out of interest. But could a parent be classed as negligent for letting a small child out to play on the road?

MyFartWillGoOn · 28/07/2021 20:31

@Crockof absolutely he can be at fault. Not legally no and the ultimate responsibility should be on whoever was (not?) supervising him.

As various people have suggested proving parental neglect is tricky then I think the least the OP can do is offer to pay for the damages caused by her son.

MyFartWillGoOn · 28/07/2021 20:32

[quote MyFartWillGoOn]@Crockof absolutely he can be at fault. Not legally no and the ultimate responsibility should be on whoever was (not?) supervising him.

As various people have suggested proving parental neglect is tricky then I think the least the OP can do is offer to pay for the damages caused by her son.[/quote]
Apologies, negligence not neglect. Autocorrect

Etulosba · 28/07/2021 20:33

Out of interest, if a child rides into the side of a parked car whose fault is that?

Good question.

Somebody I know had a child crash his bike into their car when it was parked on the drive. An ambulance was called and they got the bill for the ambulance. Not unreasonably, they passed it on to the child’s parents. Who refused to pay.

dementedpixie · 28/07/2021 20:34
  • coming out of a cul de sac
  • (was luckily slowing down) and my son collided into the side of her car.
  • dented the wing panel and the handle bars have scratched the passenger door

Sounds like the unsupervised child has come flying into the side of the car and I don't see how the driver could have prevented it

AlfonsoTheMango · 28/07/2021 20:41

@Patapouf

It needs to be reported to the police and her insurance company. She could have killed your child don't give the witch a penny.
WUT
TheCraicDealer · 28/07/2021 20:43

I'm another one agreeing with WhatsMyNameGonnaBeNow. If I were looking after the claim for bodywork we'd be quietly paying the damage and recommending a reserve for a potential injury claim from the child. The costs of investigating and handling that would probably outway the £800 vehicle repair, before you even get into the potential damages.

If I were the driver here I'd be counting my lucky stars no one was badly hurt and hoping the parents didn't get a solicitor involved, not sticking my hand out.

I would simply tell her that you'd previously been prepared to go halfers as a gesture of goodwill but the costs are higher than you had anticipated and that she should report it to her car insurer. If she tries to argue about them just coming after you say "We'll with that if it happens, goodbye".

Original poster
SaviTavi · 28/07/2021 20:44

My son was riding along a footpath and she was slowing down to pull onto a main road from a cul de sac. My son couldn't break fast enough on the dip of the foot path where you cross and collided with the driver. She wasn't stationary. My son was playing in the street while I was sitting in the garden less than 10ft from the scene.
I have spoken with 101 who have informed me it's not been logged and is therefore a civil matter.
I asked if legally we had to pay. I know my son should have stopped. I know I should have stopped him sooner. I also know she should've been wary he was right next to her car. He didn't come flying out of no where. It was upsetting for everyone. My 6 year old son got injured.

OP posts:
Katedanielshasakitty · 28/07/2021 20:47

So your son came off the path onto the road and hit her car?

Op, I don't think your 6 year old, should really be out on his bike. If he struggles to not go into the road.

catfunk · 28/07/2021 20:49

@Patapouf

It needs to be reported to the police and her insurance company. She could have killed your child don't give the witch a penny.
Did you read the post? She was driving on a road slowly and safely. He came barrelling down unable to stop and did not brake and went onto the road and into the side of her. Totally not the drivers fault.
Shmithecat2 · 28/07/2021 20:49

@SaviTavi

My son was riding along a footpath and she was slowing down to pull onto a main road from a cul de sac. My son couldn't break fast enough on the dip of the foot path where you cross and collided with the driver. She wasn't stationary. My son was playing in the street while I was sitting in the garden less than 10ft from the scene. I have spoken with 101 who have informed me it's not been logged and is therefore a civil matter. I asked if legally we had to pay. I know my son should have stopped. I know I should have stopped him sooner. I also know she should've been wary he was right next to her car. He didn't come flying out of no where. It was upsetting for everyone. My 6 year old son got injured.
How near the junction to the main road was she?
Original poster
SaviTavi · 28/07/2021 20:49

It's not something that will be happening again. He was playing on the path. He came up to the slope of the path and couldn't break properly and tried to swerve which is why he's hit the passenger door and not the front of her car.

OP posts:
rosesarered321 · 28/07/2021 20:50

I'm sorry your son was hurt but thank goodness not badly.
However morally I feel you should pay for the damage.

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