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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:
Etulosba · 28/07/2021 21:28

Depends on what it is. Somethings I have insurance for (like my phone and TV) and I understand children break things and accidents happen.

Car insurance usually has an excess, plus their future premiums will almost certainly increase because of the claim. Perhaps you should offer to compensate them for that.

Original poster
SaviTavi · 28/07/2021 21:29

She's claiming I owe her 400 pounds after receiving an "estimate" from a family garage. Saying the panel of her car needs replacing (it doesn't) She's also only sent the bottom half of the invoice, with no official header from a garage. She didn't report it to the police. She's not asked if my son was OK and I cannot afford 400 pounds.

I know my son caused damage. I know I should've been more vigilant. He's normally a very confident rider but was on his friends bike (as I mentioned). He's a little boy. I don't have home insurance, just individual insurance on different items as they were bought as presents.
I dont know how to come up with that money. I will watch my son more carefully in future. This will never happen again but I asked if legally I had to pay because I have never been in a situation like this.
I'm not denying blame.

OP posts:
SpiderinaWingMirror · 28/07/2021 21:31

2 things. It's highly unlikely that a 6 year old would be found negligent in this type of accident or that it could be visited on you.
If she reported it to her insurers they would not persue it, more likely wait for a claim to arrive for your sons injury
You most likely have liability insurance on your household contents policy along with legal expenses. Call them for advice and tell her you are referring it to your insurers.

SheldonesqueTheBstard · 28/07/2021 21:31

Alternista is correct.

Sadly you son rode into her (not any other way to say it) so while it was a collision of sorts, it was down to you and your son and not her.

And yes, he hurt himself.

But.

It is like trying to claim the pavement was negligent (just by being there) if your son tripped over and skinned his knee.

I’m sorry you both got a rotten scare and he hurt himself but stop trying to make on she was negligent and could’ve paid more attention.

She did nothing wrong.

Original poster
SaviTavi · 28/07/2021 21:33

I don't have contents insurance. I have individual insurance on the likes of my phone, ipad and TV because they were lumpsums when purchased.

OP posts:
CakeWarrior · 28/07/2021 21:34

But.. you ARE denying blame?

"Yes my son went into her car.... but i dont have the money..... so thats it end of. "

Im sorry OP but this attitude is appalling. We all have financial emergencies that happen in life and regardless of income as adults especially with children we need to be in control and have contingency plans if things happen. I do agree however, it may seem a bit steep, but my dad was a panel beater and i can tell you how expensive even the "smallest" of bumps can be. Message her back and say that as it is a family friend you would prefer her to go to a garage with a guarantee and warranty on the work provided and send you that estimate so that you can liaise directly with them. Thats what i would do, as you need an independent company. Or contact one yourself ( try Chips Away for example) to view the damage so you can agree on a reasonable invoice.

Original poster
SaviTavi · 28/07/2021 21:39

We all have financial emergencies that happen in life and regardless of income as adults especially with children we need to be in control and have contingency plans if things happen.
And I totally agree unfortunately when some of us say we are on universal credit it literally means the bones of our arses. I'd love to have an emergency fund or a lump sum for when life throws a curve ball but when I say I've got no money I've literally got no money...

OP posts:
WetWeekends · 28/07/2021 21:39

It’s easy for others to say have a contingency, I suspect they’ve never tried to survive on UC! You’re not legally liable OP. People have car insurance exactly for situations like this. She’ll need to claim on it if she wants it fixed. Just like she would if an uninsured driver hit her. Just tell her to contact her insurance and they can contact you if they feel it necessary (they won’t).
I hope your son isn’t in too much pain, and your nerves have settled down. It must’ve been really scary for you both.

Howshouldibehave · 28/07/2021 21:40

and I cannot afford 400 pounds

That’s got nothing to do with it though, has it? Are you saying you’d pay if you had more money??

I feel really sorry for that woman.

Original poster
SaviTavi · 28/07/2021 21:42

@Howshouldibehave

and I cannot afford 400 pounds

That’s got nothing to do with it though, has it? Are you saying you’d pay if you had more money??

I feel really sorry for that woman.

Yeah I would, I get universal credit once a month it covers my housing costs, bills and just about our food. I can't just spend 400 quid on things. I don't understand how other people find this difficult to understand. I have 54p to my name.
OP posts:
BackforGood · 28/07/2021 21:42

Morally, of course you should pay.

I'm guessing the relevance of it being someone else's bike is that he wasn't able to ride it properly and brake when he needed to.

The fact that she is prepared to get you just to pay what the local garage will charge means that if you do end up paying, it will be a heck of a lot less than if she goes through her insurance and they crank up the total by using a much more expensive garage, hiring a car for her to use whilst hers is in the garage, and add legal fees on top.

Up to you if you would rather pay the lower amount or a much higher amount if she does go through her insurance and they decide to pursue you.

Morally, you should pay for her repairs.
Morally you should stop using language to imply it was her fault when your child has damaged her car through not being in control of his bike.
Possibly, if you apologise to her and let her know you just don't have the money, she might be willing to accept half towards it ???

IncessantNameChanger · 28/07/2021 21:43

I dont really understand MN. If it was a detailed breakdown from.a proper garage I might consider going halves.

But it's not is it? I reversed at about 1 mile a hour into a car and chipped a front bumper. It went via official channels and the £300 repairs cost me my excess and possibly a increase in my premium but it was official then. The damaged party can't keep on coming back with additional claims. I dont think just giving over cash like that is wise.

That's why I pay slightly higher premiums for a low excess.

Bollindger · 28/07/2021 21:44

As I said before a to be under 18 on a bike dashing into a car is deemed not at fault.
Your were not next to the child, so the law states the adult in the car has to expect the child to not be responsible and should have let the child go ahead of them .

Herecomesthesun70 · 28/07/2021 21:45

@Katedanielshasakitty

If she was driving straight and he drove into the side of her, I can't see how she is at fault.

I would suggest she goes through her insurers. Who may then come to you.

The insurer will not go after her. They'll Pray to god no injury claim is intimated for the child
SheldonesqueTheBstard · 28/07/2021 21:47

Some of us have been on the bones of our arse by the way.

How do you know your neighbour isn’t?

SpiderinaWingMirror · 28/07/2021 21:48

You are asking if you are legally liable. I dont think you are.
Tell her you do not have the money. You cannot find it in the future. She will need to go to her insurers.

Shmithecat2 · 28/07/2021 21:48

@WetWeekends

It’s easy for others to say have a contingency, I suspect they’ve never tried to survive on UC! You’re not legally liable OP. People have car insurance exactly for situations like this. She’ll need to claim on it if she wants it fixed. Just like she would if an uninsured driver hit her. Just tell her to contact her insurance and they can contact you if they feel it necessary (they won’t). I hope your son isn’t in too much pain, and your nerves have settled down. It must’ve been really scary for you both.
Indeed, she can claim on her car insurance. Fork out the excess, and then take a hit on higher premiums. For damage that wasn't her fault Hmm. Having insurance doesn't mean there's no cost to the policy holder.
Original poster
SaviTavi · 28/07/2021 21:48

@SheldonesqueTheBstard

Some of us have been on the bones of our arse by the way.

How do you know your neighbour isn’t?

I don't know if she isn't, I can only give the information available to me.
OP posts:
TheOnlyLivingBoyInNewCross · 28/07/2021 21:50

You don’t have contents insurance? What happens in the event of a burglary or a fire? You’ll need more than £400 to fix that!

SpiderinaWingMirror · 28/07/2021 21:51

<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.rbkc.gov.uk/pdf/FPI%2520is%2520it%2520legal%2520Feb_08.pdf&ved=2ahUKEwiL0NGD0obyAhWTQxUIHdmbBtgQFjAKegQIIhAC&usg=AOvVaw3h0PyXoIW_Mf_CQYEvrBVk" rel="nofollow" target="_blank">www.google.com/url?sa=t&source=web&rct=j&url=www.rbkc.gov.uk/pdf/FPI%2520is%2520it%2520legal%2520Feb_08.pdf&ved=2ahUKEwiL0NGD0obyAhWTQxUIHdmbBtgQFjAKegQIIhAC&usg=AOvVaw3h0PyXoIW_Mf_CQYEvrBVk
Page 7

GreenCrayon · 28/07/2021 21:52

@SheldonesqueTheBstard

Some of us have been on the bones of our arse by the way.

How do you know your neighbour isn’t?

Exactly. In this situation you need to think how you would feel if you were this women and it was her child that had damaged your car.

I appreciate you have no money but you could at least have some compassion for her and stop claiming it was all her fault. She would probably be much more amenable if you were showing some empathy for her situation.

Original poster
SaviTavi · 28/07/2021 21:52

@TheOnlyLivingBoyInNewCross

You don’t have contents insurance? What happens in the event of a burglary or a fire? You’ll need more than £400 to fix that!
In the event of a burglary or fire we would lose everything Sad
OP posts:
SheldonesqueTheBstard · 28/07/2021 21:53

She hurt my son and I'm cross she's trying to get about 400 quid from us.
Legally do we have to pay?

Nothing about being on the bones of your arse here. Just you being angry that SHE hurt your son and indignance that she is asking you to help pay for the damage.

Only going on the information available to me…

Original poster
SaviTavi · 28/07/2021 21:56

@SheldonesqueTheBstard

She hurt my son and I'm cross she's trying to get about 400 quid from us. Legally do we have to pay?

Nothing about being on the bones of your arse here. Just you being angry that SHE hurt your son and indignance that she is asking you to help pay for the damage.

Only going on the information available to me…

And now you have the information Confused I can't give it, if I don't have it. I have said previously up thread I'd pay using a payment plan if that was a viable option.
OP posts:
101spacehoppers · 28/07/2021 21:58

It's perfectly possible to 'go into the side of a car' and not be at fault. DP and I have both had bad bike accidents when cars have pulled out in front of us without looking from a side road. Compensation both times, as we should have. DP was an ambulance job. I live in an automatic driver fault country now and funnily enough the driving is much better.

OP, no one is going to find a 6yo liable for anything. He is SIX. What are they going to do, repossess his lego? Ignore it. She said she didn't see him- she is lucky it wasn't worse. MN is properly weird about cars.

You could always give the cyclists legal defence fund a quick email or tweet if you're worried.