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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:
Katedanielshasakitty · 28/07/2021 21:01

She was coming out of a cul de sac. Approaching a junction and slowing down. At low speed am struggling to visualise how her breaking quicker would have helped.

If he was coming in the opposite direction to her, he would have likely hit the front.

If he was travelling in the same direction he would have hit the back of her car.

Its unlikely you will have to pay, bit it does sound like it was an accident that was in no way, her fault. And now her car is damaged.

I am guessing if she is a carer or similar, she won't be on alot of money herself.

NiceTwin · 28/07/2021 21:02

My mate whizzed down a road from school on his bike, across a zebra crossing where he got hit by a police car.
His family, quite rightly, had to pay for the damage to the police car, he was badly injured.

You should pay for the damage, the woman was blameless

crazycatgal · 28/07/2021 21:03

I think you should pay for the damages, your son came off the pavement and into the side of her car.

In future I would take your son to the park to play on his bike, this could have been worse than it was.

WhatsMyNameGonnaBeNow · 28/07/2021 21:04

@SaviTavi you don’t have to pay it. Just tell her no, you don’t accept liability and you won’t be contributing to her repairs. Yes it was an accident and it’s unfortunate for her but thats what insurance is for.

Oh and for those who think OPs update proves there was no fault on the driver? Not necessarily I’m afraid! I have unsuccessfully fought similar in the past although to be fair the injuries were much more serious so a judge was less likely to give the driver a free pass.

Figgyboa · 28/07/2021 21:05

Sorry, it sounds like it was your son's fault, he ran into her car (and I'm sorry he got hurt). It's your responsibility to pay for any damages, she can pursue in small claims.

Chloemol · 28/07/2021 21:06

Sorry but it’s not her fault. She was on a road, driving correctly. Your son was on the pavement, unable to stop and hit her car

Why should she be penalised by increased insurance because you were not controlling your child?

Just imagine what would have happened had she been seconds later, you son would have gone across the junction as he couldn’t stop and could have been hit full on as she would have no chance to stop

EL8888 · 28/07/2021 21:06

Another vote that you should pay. He did damage her car after all

m0therofdragons · 28/07/2021 21:07

I was going to say it was the driver’s fault if she pulled out of the cul de sac and you Ds was riding along the road but on the pavement is different. She has no way to know he wouldn’t stop in time and should have stopped at the kerb so it’s hoods fault and you should pay. Legally I’m not sure she could make you though. I imagine it’ll be a civil matter.

Butterfly44 · 28/07/2021 21:09

Tell her you are not paying and she needs to go through the proper insurance channels

Aquamarine1029 · 28/07/2021 21:09

If a child damaged your property, I bet you would expect their parents to pay for it.

arethereanyleftatall · 28/07/2021 21:10

Not being able to afford it, isn't a reason not to pay it op I'm afraid. Maybe the car driver, who did nothing wrong, can't afford it either?

Jasmine11 · 28/07/2021 21:12

If your 6 year old is not a good enough rider to not hit a car (and it does sound like this was your son's fault) there is no way in hell he should be out and about on the pavements. It doesn't matter how many of his friends are, he is not a competent rider and should be closely supervised in so far as you are close enough to stop him when he gets in danger.

Original poster
SaviTavi · 28/07/2021 21:14

@Aquamarine1029

If a child damaged your property, I bet you would expect their parents to pay for it.
Depends on what it is. Somethings I have insurance for (like my phone and TV) and I understand children break things and accidents happen. And no I'm not just saying that because of the situation I'm currently in.
OP posts:
IveGotASongThatllGetOnYNerves · 28/07/2021 21:14

Tell her to go through her insurance.
That's what it's there for.

If her insurance company think there's a claim against you I'm sure they'll pursue it. You can then negotiate a payment plan with them or court based on your income.

MarshaBradyo · 28/07/2021 21:15

@IveGotASongThatllGetOnYNerves

Tell her to go through her insurance. That's what it's there for.

If her insurance company think there's a claim against you I'm sure they'll pursue it. You can then negotiate a payment plan with them or court based on your income.

I agree with this
SheldonesqueTheBstard · 28/07/2021 21:16

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.

Whereabouts I am from the parents do not let them near the road until they are able to control their bicycle.

They are taken to the park - where I have been rammed into more times than I can count. But it is to be expected.

You are fortunate she was going slowly.

Yes it is what insurance is for but it would sting to have to pay higher charges for something that wasn’t her fault. Not at all.

Original poster
SaviTavi · 28/07/2021 21:17

@IveGotASongThatllGetOnYNerves

Tell her to go through her insurance. That's what it's there for.

If her insurance company think there's a claim against you I'm sure they'll pursue it. You can then negotiate a payment plan with them or court based on your income.

I didn't realise they could do some kind of payment plan, that's something I could definitely work with.

Thank you.

OP posts:
Alternista · 28/07/2021 21:19

Why do you keep making stuff up?

“She collided with my son”
“She hurt him”

Neither of those are true. He lost control of his bike and rode into her car. He hurt himself, and he also caused damage to someone else’s property.

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

I'm not making stuff up. Her car wasn't parked up, she hadn't stopped. Hmm

OP posts:
GreenCrayon · 28/07/2021 21:21

@Alternista

Why do you keep making stuff up?

“She collided with my son”
“She hurt him”

Neither of those are true. He lost control of his bike and rode into her car. He hurt himself, and he also caused damage to someone else’s property.

This. The damage would have been the same if he had crashed into a stationary vehicle parked at the side of the road with no driver.

This women has done absolutely nothing wrong from what you've said. Why should she have to pay for the repairs caused by your son?

OhNoNoNoNoNo · 28/07/2021 21:23

@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 guess she might not be able to afford £400 either and she may not have a choice whether or not to have the car repaired. It might be a lease car and she might have to repair any damage.

I think you are responsible for paying but, perhaps, she might agree to splitting the cost.

CakeWarrior · 28/07/2021 21:23

Im sorry, but regardless of if you are on UC or a 6 figure salary, your son and you are both at fault. Why is it the poor drivers fault having to fork out because of "how things are done in your street?" You need to do the right thing and suck it up op. You were negligent for letting him be so far away and not within arms reach. He is only 6! He is too young to be road savvy. What if it had been moments before and he had gone straight out in front of her and she had hit him head on?? If it were me i would be contacting the small claims court on you for negligence. She did nothing wrong. I have to pay £280 for a scratch put into the side of my car by a woman who walked so close her handbag buckle caused such a deep scrape its gone down to the primer and it was a hire car so I have to bloody fork out when i am due on maternity within the next few weeks. Thats shitty in itself, but a low income doesnt give a reasnoble excuse to not pay up. Sorry.

multiplemum3 · 28/07/2021 21:23

It's completely your sons, and by extention yours, so pay for the woman's damaged property. How unbelievably cheeky!

NellWilsonsWhiteHair · 28/07/2021 21:23

@SaviTavi

I'm not making stuff up. Her car wasn't parked up, she hadn't stopped. Hmm
But from the sounds of your son coming off the pavement and hitting her, she could have literally been stationary and he would still have collided with her? You must have had an awful fright and having to find ££ out of nowhere must be so stressful, but I'm not sure how you think she could have been more careful of a bike unexpectedly flying off the pavement into her, or how she could have gotten out of the way.
Whinge · 28/07/2021 21:24

@SaviTavi

I'm not making stuff up. Her car wasn't parked up, she hadn't stopped. Hmm
But she didn't collide with him - he rode into the car

She didn't hurt him - he rode into the car and was hurt because of this

It's not her fault, and the way you're telling it implies she was to blame.

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