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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:
Bingbongbash · 28/07/2021 20:50

Poor woman. I hope there wasn't much damage.

catfunk · 28/07/2021 20:50

Agreed until he can use his bike safely and stop safely he shouldn't be using his bike near a road.
It could have been so much worse if she hasn't been slowing down already.

SheldonesqueTheBstard · 28/07/2021 20:51

So not the drivers fault then really?

I’m sorry your son was injured but it doesn’t sound like the drivers fault at all.

She will have been aware of his presence but would have been expecting him to brake/stop.

You said you should have stopped him. You said he should have braked. He was on a pavement. Why should she have expected him to go on the road?

What exactly do you think she should have done?

Crimblecrumble1990 · 28/07/2021 20:51

'My son couldn't break fast enough on the dip of the foot path where you cross'

I'm not being rude but your son literally drove his bike off the pavement and into the side of this woman's car? You need to teach you son to be in control of his bike and how to brake etc. He could have lost control in front of the car and the situation be much much worse. This is on you. Bizarre you think otherwise in my opinion unless I am misunderstanding.

Original poster
SaviTavi · 28/07/2021 20:52

Damage: Small dent near her indicator light and scratches in her passenger door off handle bars.

OP posts:
Whinge · 28/07/2021 20:52

She hurt my son and I'm cross she's trying to get about 400 quid from us.

Your OP said the above, but your newest post shows she didn't hurt your son. He rode off the pavement into her car, there was no way she could have avoided or prevented this. Confused

I think you're cross she wants you to pay for the damage to her car because you know you should have been supervising your son, and it's this lack of supervision that led to the damage to both her car and your son.

Isbobmyuncle · 28/07/2021 20:53

@Whinge

She hurt my son and I'm cross she's trying to get about 400 quid from us.

Your OP said the above, but your newest post shows she didn't hurt your son. He rode off the pavement into her car, there was no way she could have avoided or prevented this. Confused

I think you're cross she wants you to pay for the damage to her car because you know you should have been supervising your son, and it's this lack of supervision that led to the damage to both her car and your son.

Agreed!
Original poster
SaviTavi · 28/07/2021 20:54

I can't afford 400 pounds for an accident. I'm on UC and struggling as it is. My son lost control of the bike but I also don't believe she was paying as much attention as she could've been. She also seemed more bothered about her car than my son. I understand her anger.
In hindsight I would've kept my son in the garden.

OP posts:
prh47bridge · 28/07/2021 20:56

@Katedanielshasakitty

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?

It depends on the situation. A busy main road, probably yes. A quiet cul-de-sac, probably no.
Original poster
SaviTavi · 28/07/2021 20:56

She could have breaked sooner to lessen impact? I wasn't expecting a swerve but she is in a car... and he's 6.

OP posts:
LynetteScavo · 28/07/2021 20:57

It sounds like he could have been run over!

Morally you should pay (we've paid in similar circumstances- DH said it was the right thing to do) but what would happen if you don't pay, I've no idea.

prh47bridge · 28/07/2021 20:57

@SaviTavi

I can't afford 400 pounds for an accident. I'm on UC and struggling as it is. My son lost control of the bike but I also don't believe she was paying as much attention as she could've been. She also seemed more bothered about her car than my son. I understand her anger. In hindsight I would've kept my son in the garden.
As I and some others have advised, it is highly unlikely you or your son are liable for the damage to the car.
MarshaBradyo · 28/07/2021 20:57

He cycled into the woman’s car

It doesn’t sound like it was her at fault at all

I don’t know about avoiding insurance but I think you’ll have to accept he caused the damage

Howshouldibehave · 28/07/2021 20:57

From what you’ve said, this is 100% your fault. When my kids were 5/6 out on a bike, we were right with them at a park, not sitting off in a front garden whilst they were next to a road!

I feel sorry for the driver here.

Quietcrown · 28/07/2021 20:57

It doesn't really sound like it was the drivers fault. I'd either pay up or advise her to go though insurance, which might then come back to you.

Main thing is that your son is ok, it could have been a lot worse.

MyFartWillGoOn · 28/07/2021 20:57

@SaviTavi

I can't afford 400 pounds for an accident. I'm on UC and struggling as it is. My son lost control of the bike but I also don't believe she was paying as much attention as she could've been. She also seemed more bothered about her car than my son. I understand her anger. In hindsight I would've kept my son in the garden.
How could she possibly have avoided your son hitting her car? She clearly assumed he would brake and the minute it became apparent he couldn't, even it she slammed on the brakes it sounds like he would have still hit the car

Sorry but you have no right to be angry with the woman OP. Can you offer to pay her in instalments?

I have a dent and scratch on my passenger door and quotes are c£600 so I can see how it adds up.

Shmithecat2 · 28/07/2021 20:58

Doesn't sound like they were in the cul de sac though, sounds like they were on the main road that the driver was wanting to pull out on to?

Bingbongbash · 28/07/2021 20:58

But you said 'she hurt my son' when she didn't. I hope you aren't saying that to your neighbours. It isn't true and it is dangerous to say people hurt your children when they didn't.

Whinge · 28/07/2021 20:58

@SaviTavi

I can't afford 400 pounds for an accident. I'm on UC and struggling as it is. My son lost control of the bike but I also don't believe she was paying as much attention as she could've been. She also seemed more bothered about her car than my son. I understand her anger. In hindsight I would've kept my son in the garden.
I understand how difficult it must be if you don't have the money, but I think it's awful to try and shift the blame onto her. She was driving slowly and your son rode off the pavement into her car. There was no way she could have prevented or avoided him hitting the car, so trying to imply she wasn't paying attention is ridiculous. It must have been a scary experience, and you're worrying about the money, but she isn't to blame no matter how much you want to try and paint her as the villain.
honeybuns007 · 28/07/2021 20:58

I'm struggling to get a clear picture of what happened. If he had been a cyclist on the road, would he have driven into her? Is the problem that she didn't look or is the problem that he rode into her because he was on the pavement and out of control. Whether you can afford the money is not really relevant as far as what is right or wrong but as I can't actually picture the intersection without a diagram, I couldn't really judge

Hoppinggreen · 28/07/2021 20:58

I don’t think any amount of attention is going to stop a child from driving off the pavement into the side of your car.
You can afford to repair her car and I appreciate that £400 is a lot of money for you and if you dont have it you don’t but stop trying to shift the blame, from your description she did nothing wrong.
I do hope your son is ok though

Crazycrazylady · 28/07/2021 20:59

It was your sons fault of course . He drove into the side of her car .
I do think if it was me given it was a child I'd let it go
You do need to monitor your 6 year old better however.

Talkwhilstyouwalk · 28/07/2021 20:59

I don't know, but of a grey area.

I'd probably say no and see if her insurers chase you....

She sounds like a knob to be honest, she should just be grateful your son didn't come to serious harm......

Original poster
SaviTavi · 28/07/2021 21:00

@Howshouldibehave

From what you’ve said, this is 100% your fault. When my kids were 5/6 out on a bike, we were right with them at a park, not sitting off in a front garden whilst they were next to a road!

I feel sorry for the driver here.

I don't know where abouts you are from but it's perfectly normal in our street for all the kids to ride their bikes together outside especially during the holidays. There was about 7 of them in a group ranging from 5 to 11 years old. Confused
OP posts:
sleepyhoglet · 28/07/2021 21:00

Diagram.

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