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Original poster

damage to car by son's bike

29 replies

tigi · 23/09/2006 18:15

son fell off his bike today, onto a busy road, into the path of a car. Thank God he is fine, but he put a scratch and dent into the car. They have taken my address. I feel really sick about it, both for the fact that son could have been really badly hurt, and also that hubby will go mad..
I wondered if i could claim on home ins under public liability, but they aren't open today to tell me! Does anyone know? The policy doc doesn't really seem to tell me either. It is an expensive policy. I have no idea what they will charge, it was a company car,thanks

OP posts:
crazydazy · 23/09/2006 18:17

Your hubby will probably be more relieved that your son is okay - or he should be anyway.

Original poster
tigi · 23/09/2006 18:20

i hope that too...!

OP posts:
ledodgyrobespierre · 23/09/2006 18:23

You don't need to pay anything unless you want to, bikes aren't insured so if a bike hits a car it's tough luck on the car owner.

Eve · 23/09/2006 18:23

yes home insurance will pay.

but as it is a compambny car, I can't see them being bothered to claim the amount, was it a big dent?

..and wasn't the driver not more worried about your son being injured than the car?

Original poster
tigi · 23/09/2006 18:30

He was concerned. He heard me scream while the car was moving. He asked me for my deatils straight away. i took his too. he told me a company car. i didn't know what to do really. it clearly was my sons fault though...

it had a long silver scratch, and a small dent, but being a company car- these sort of people dont think about the cost to me will they!

Do you think home ins will cover- subject to my excess?

OP posts:
kid · 23/09/2006 18:33

Did the driver say he was going to claim from you for the damage? He might have taken your details incase you reported the accident.

Original poster
tigi · 23/09/2006 18:36

he said 'you should hear from my insurance company next week'

OP posts:
kid · 23/09/2006 18:39

I'm not entirely sure if he can claim from you. My car was damaged by a bike (while it was parked) and there was nothing I could do about it. If I had fully comprehensive insurance, I could have claimed off that but not from the bike owner.

ledodgyrobespierre · 23/09/2006 18:41

Yes legally you don't have to pay, bike damage is normally claimed off their own insurance as bikes are not insured.

Original poster
tigi · 23/09/2006 18:42

Kid -Did you know the person that damaged yours though ?

OP posts:
kid · 23/09/2006 18:43

yes, he is a pupil at my childrens school.

UrsulatheSeaWitch · 23/09/2006 18:47

DH used to have a company car and they were only allowed 3 claims - ever - then they had to pay for repairs themselves - so it depends on the company (DH's were cheapskates!)

Not sure what the legal liability situation is - if your child broke someone's window you'd have to pay, wouldn't you? Just because a bike isn't insured doesn't mean as parents you're not liable for the damage.

So glad your DS is OK though, tigi, the thought of seeing your child falling in front of a car is such a nightmare

Original poster
tigi · 23/09/2006 18:47

But surely his ins company will bill me?

OP posts:
UrsulatheSeaWitch · 23/09/2006 18:49

I really don't know - could you ring Citizens' Advice on Monday?

Original poster
tigi · 23/09/2006 18:50

It was awful. He just wobbled off and fell into the road - he then went into the side of the car. i saw his life flash before my eyes. He was unhurt, just shaken, and his bike a bit twisted. It was on a slow bit of road to on the approach to an island, so if the car hadn't slowed, I dread to think..

OP posts:
Original poster
tigi · 23/09/2006 18:51

i have a legal helpline with my ins too- i will call on monday as well

OP posts:
ledodgyrobespierre · 23/09/2006 18:53

I used to work for a car insurance company and basically if a push bike damaged your car regardless of fault you would have to claim off your insurance which would then go down as an at fault claim or settle the matter privately with the owner of the push bike if they agreed.

Original poster
tigi · 23/09/2006 19:09

Thank you so much for all of your help - I'm really grateful. I'll let you know what happens...

OP posts:
kid · 25/09/2006 08:02

I hope you get good news from them today.

Freckle · 25/09/2006 09:19

How old is your son? Depending on his age, I'm not entirely sure that the driver can hold him liable. Unless he can show that you were negligent in allowing your son to ride his bike, then it's also doubtful that he can claim against you either.

Tbh, you might be able to claim that the driver was in fact somewhat negligent himself in overtaking your son (you say he went into the side of the car so am assuming he was overtaking) without leaving sufficient clearance. I always allow a lot of room when overtaking bikes, and extra room if the rider is clearly inexperienced.

Original poster
tigi · 25/09/2006 14:52

Hi. My son is only 7. I too have looked online, and seen that he may not be accountable, because he is below 16/18 - i don't remember the accountable age now.
He was cycling on the pavement, not the road, but something caused him to slip, and lose balance, and he fell out onto the road, and into the side of the car, as it were moving, hence damaging the door.
I haven't phoned the insurance yet, or the legal line, as my nerves have kicked in, and i'm on edge about it at the moment. So I'm trying to calm myself over it a bit.
thanks

OP posts:
kid · 25/09/2006 18:28

Don't phone them, why don't you wait until you hear from him. The driver might have discovered he can't claim agaisnt you. If he phones you and asks for money, insist on dealing with his insurance company. IME, some people do try and get the money out of you even after the insurance company have refused to pay. I was asked for £200 to replace an indicator light that admittedly, I had smashed, but £200?!

SoupDragon · 25/09/2006 18:31

Er... do you not think that you should pay for the damage though? Legal necessity or not? If the amount was not recoverable at no cost to the car owner, I would not hesitate to pay if my child was (technically) at fault.

Hopefully your house insurance will cover it but it depends whether the public liability part covers your actions outside of the home.

Original poster
tigi · 25/09/2006 21:28

Soupdragon, I do agree with you - it is on my mind.I was just initally wondering about claiming on my home insurance, and this is just how the conversation has evolved. I was concerned as well, that as it is a company car, (he was very clear about that), that if he can get a new door out of me, rather than a re-paint and filler job, I'm sure that he will do, and that isn't fair on me if i have to pay for it , as in 'Kids' message about the £200 indicator, which is just plain ridiculous!

OP posts:
snorkle · 25/09/2006 21:42

Message withdrawn