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Original poster

Daughter's broken leg

52 replies

Mrsblackforrestgateaux · 25/04/2025 20:35

Strap in this is a long on....

So 2 weeks ago my DD (11) and DS(8) we're riding their bikes in our close. There was a parked car belonging to one of the houses parked half on the pavement half on the road. My daughter tried to go around the parked car and clipped a lamppost with her handlebars causing her to fall off her bike breaking her leg.

She has a really bad spiral fracture of her tibia and will be in a cast for at least 14 weeks with lots of appointments and physio to follow. The cadt is currently a full leg cast. We have also had to cancel a planned holiday to Disney in May as there is no way we can go.

Would we be able to claim anything from the car owner for parking on the pavement and obstructing the pavement?

Sorry for long post.

OP posts:
gamerchick · 25/04/2025 20:39

You're not supposed to ride a bike on the pavement so probably not. Parking on the pavement you might be able to report as you're not supposed to do that either.

you could speak to a solicitor though if it's the cost of the holiday you're after. It's not as if she's losing wages or anything.

Dearover · 25/04/2025 20:41

It's illegal to ride a bike on a pavement at any age, but as your DD is 11 she doesn't have the excuse of being below the age of criminal liability. She shouldn't have been on the pavement.

ambercabs · 25/04/2025 20:42

What are you planning on claiming for? What loss I mean?

ladyinthecampervan · 25/04/2025 20:43

Claim for what? As the PP said, whilst parking on the pavement isn’t legal, neither is riding your bike on it.
i’m hoping you have travel insurance OP

friendsonly · 25/04/2025 20:44

She’s not supposed to be riding of the pavement.

But regardless I don’t see how it’s the owner of the parked cars fault that your dd rode into a lampost? Surely she could see the parked car?

SingWithMeJustForToday · 25/04/2025 20:44

No. Neither of them should have been on the pavement, and the parked car wasn’t moving. She misjudged the space available.

The route would have been to claim on their insurance, but it won’t be accepted.

I do feel for her, though, and I hope she heals up well.

BassesAreBest · 25/04/2025 20:44

The car shouldn’t have been parked there, but your daughter shouldn’t have been on the pavement either. Even if both had been there legally, a cyclist crashing into a parked car isn’t the car driver’s fault - the cyclist should have been able to navigate round it (or get off their bike / go a different way)

Radiatorvalves · 25/04/2025 20:45

will your insurance cover cancellation of the holiday?

CaptainFuture · 25/04/2025 20:46

If she didn't think she would get past, maybe for future she should get off bike and push it past obstacles?

Wolfpa · 25/04/2025 20:46

You should be able to claim for any loss of money for the holiday on your travel insurance.

you have as much chance of getting anything from the car insurance as you do getting something from the council for putting the lamppost there in the first place

Iudncuewbccgrcb · 25/04/2025 20:47

Don't be ridiculous.

She hit a lamppost. It was an accident. These things happen it's part of childhood.

Just be grateful she didn't hit the car and you aren't having to pay for a respray on top of it all as well.

In most parts of the UK parking a car on the pavement is perfectly legal unless its a dropped curb/ yellow lines etc.

I hope your DD recovers well.

Azandme · 25/04/2025 20:48

Jesus Christ.

NestOfWipers · 25/04/2025 20:50

I'm sorry, she's got such a serious break on her leg & is no doubt in pain and it has caused a lot of inconvenience

But here comes the... however

She's 11, she should either have the school to manoeuvre her bike between the lamp post and a car when she's riding it, all the sense to get off and push it.

It depends on your council whether it's okay to park partly on the pavement or not, but even if it shouldn't have been parked there, it was and it's not as though the driver moved while she was riding past it.

Immigration understand you're angry and frustrated and you want someone and you don't want to aim that at your daughter, being angry doesn't really help anything, if I were you, I would focus my thoughts on being grateful. She didn't hit her head on the lamp post and do far more damage.

Hopefully you can rebook Disney for the summer or October half term and still have a really good time

(I bet little DS is gutted)

londongirl12 · 25/04/2025 20:51

No, it’s just one of those things! Yes the car shouldn’t have been parked on the pavement, but your DD could have got off her bike and walked round.

Calmdownpeople · 25/04/2025 20:52

While I do feel for your daughter, OP come on.

You are just angry your daughter broke her leg and your holiday was cancelled and are projecting this anger in trying to find someone to blame.

Accidents happen. Your daughter was in the wrong (however innocently) and your first thought is to find someone to blame and sue.

Look after your daughter and focus on her recovery.

Factsandfeelings · 25/04/2025 20:53

No, a stationary object is very very rarely at fault.

Definitely not in a scenario where unsupervised children are biking on a pavement, sorry.

Overthebow · 25/04/2025 20:55

No, it wasn’t the car owners fault your dd rode into a lamppost. They shouldn’t have parked on the pavement but your dd also shouldn’t be riding on the pavement. Why didn’t she go round it in the road or get off and walk if there wasn’t enough room? You should be able to claim the holiday costs on your travel insurance if she’s not fit to travel.

JustMyView13 · 25/04/2025 21:09

No. The car was stationary and parked, why would you claim from the car owner? Cycling on the pavement is generally illegal, unless it’s a designated cycle path.

If your trip to Disney is cancelled, you’ll need to raise a claim on your travel insurance. If you don’t have coverage, that’s also not the parked cars fault.

Hercisback1 · 25/04/2025 21:10

Nope.
As shit as it is, neither should have been on the pavement.

TokyoSushi · 25/04/2025 21:12

No claim, whilst massively unfortunate for your DD/all of you it’s one of those things.

Hopefully you’ll be able to claim for the holiday on your insurance or move it to a later date, I hope DD is much better very soon.

VanCleefArpels · 25/04/2025 21:16

It was an accident. You should be covered for the loss of the holiday if you bought insurance when you booked the holiday- if you didn’t more fool you

Mwnci123 · 25/04/2025 21:20

gamerchick · 25/04/2025 20:39

You're not supposed to ride a bike on the pavement so probably not. Parking on the pavement you might be able to report as you're not supposed to do that either.

you could speak to a solicitor though if it's the cost of the holiday you're after. It's not as if she's losing wages or anything.

There is discretion in the Highway Code for children to ride on the pavement.

alwaysstressed · 25/04/2025 21:20

What?!?! I didn’t know that was a thing!! So say a 4 year old for example they can’t ride their bike legally on a pavement? I wouldn’t be too comfortable with my 4 year old riding her bike on the road!
I honestly didn’t know that was the law. Ive learned something new today

gamerchick · 25/04/2025 21:22

Mwnci123 · 25/04/2025 21:20

There is discretion in the Highway Code for children to ride on the pavement.

Show quote history

She's 11.

sheknowsitstoolate · 25/04/2025 21:22

The car shouldn’t have parked there. She shouldn’t have been on the path and is old enough to know she probably couldn’t have got past the car without it being tight. I hope she’s okay.