son hit car on his bike

[jfish]

last week around 6pm my son was playing with his mates place, its a very heavy residential area with cars parked. My son was trying to cross the road and went between two cars and didnt see this car coming and hit in with his bike, my son sustained some bruising to the leg (took him to A&E) nothing serious, called the police and they said they cant do anything about it.

The driver has come back to me and said its going to cost 300 pounds to replair the damage (small dent to passenger door)

I said I will cover half the cost (as cant really afford to shell out 300 quid) and plus I am sure my son was not 100% liable for damage, after all he is only 11 years old but the driver isnt up for that and wants me to pay for it all

If I tell him to claim it thru his insurance, will then insurance try to get the money back from me.

what options do I have

 

[Rumpelstiltskin.]

You are liable one way or the other, if the driver did nothing wrong you owe him.

 

[v14]

last week around 6pm my son was playing with his mates place, its a very heavy residential area with cars parked. My son was trying to cross the road and went between two cars and didnt see this car coming and hit in with his bike, my son sustained some bruising to the leg (took him to A&E) nothing serious, called the police and they said they cant do anything about it.

The driver has come back to me and said its going to cost 300 pounds to replair the damage (small dent to passenger door)

I said I will cover half the cost (as cant really afford to shell out 300 quid) and plus I am sure my son was not 100% liable for damage, after all he is only 11 years old but the driver isnt up for that and wants me to pay for it all

If I tell him to claim it thru his insurance, will then insurance try to get the money back from me.

what options do I have

you have the option to tell him to go and get stuffed m8.

tell him to take your 11yr old son to court for his £300

 

[Rumpelstiltskin.]

So would you be happy to pay £300 out to repair your car if it wasn't your fault? I don't think so.

 

[nara]

Not sure what the situation is with a child, but certainly an adult is responsible in this situation. It could be argued that you are responsible for making sure your child is competent to be out there. If I was the driver I'd be pissed at the damage, relieved that the child wasn't badly injured, and take your offer.

 

[nara]

tell him to take your 11yr old son to court for his £300

Nope. His insurance company would get involved then.

 

[v14]

If I was the driver I'd be pissed at the damage, relieved that the child wasn't badly injured, and take your offer.

exactly nara.

 

[jfish]

You are liable one way or the other, if the driver did nothing wrong you owe him.

I wasnt their when it happened, for all I know the driver may have been going a bit fast considering the street was parked with cars on both sides of the road and being a residentail area, kids are expected to be out and playing.

 

[v14]

So would you be happy to pay £300 out to repair your car if it wasn't your fault? I don't think so.

but he wouldnt need to pay out £300 if he was sensible and took the guys offer

 

[jfish]

the point is who is liable, my son or the driver, I personally think fault was with my son and the driver, my son was going between two cars parked and cross the road on his bike (then again its a heavily built up residentail area and cars parked so to cross the road he has no option but to go between two cars) and the driver was not being careful in the area (he may have been on his mobile phone as well who knows).

 

[little_pob]

I don't think you'll be liable for anything, but go and see the CAB or get a free half hour with a solicitor.

But as far as I'm concerned the police are talking bollocks. In England and Wales under the Road Traffic Act they should at least ensure the driver is insured as an injury was sustained. More: Had an Accident - What Now

 

[The Dentist]

correct me if im wrong but your 11 year old son was riding his bike when a car came and hit him and knocked him over where he had to go to hospital?

in my eyes that makes the driver at fault and i would make a counter claim.
He was probably going too fast.

a road where there are cars parked on both sides is usally a 20mph road anyway. must have been going some speed or not concentrating or his reaction speed is extremely poor.

 

[Bronto]

what options do I have

If I were you I would go and get some legal advice from a qualified body - ie: C.A.B or do you have legal expense cover on your home insurance ? your son may or may not be responsible but DO NOT Admit liability untill you have spoke with someone and do not feel guilty about the driver having to pay out any money, thats what he's car insurance is for

 

[nara]

correct me if im wrong but your 11 year old son was riding his bike when a car came and hit him

Well if you read the original post he clearly states that his son hit the car. This would suggest a side impact of the bike onto the car. The fact that the police aren't interested would tend to support that.

 

[Manse]

if he dented the door then the car had gone past, so basicaly the bike went into the car not car into kid.
no offence but i wouldnt want my insurance going up on a claim from something i had nothing to do with. he could have been doing 20mph with his eyes glued to the road seen the kids but not his fault the kid (by his own admission didn't)see him.
but i do think he should have taken half has offered because at the end of day it would cost lots more being dragged out though courts.

damn nara beat me to it

 

[The Dentist]

cool point taken lol.
as said before tho, get some legal advise either from CAB or solicitors as it all depends on the account of both people and what they say (if they are different).

 

[little_pob]

I can see where the moral liability argument is coming from...

Have you seen the damage to the vehicle?

It could be a simple case of getting a mobile dent repairer (e.g. ChipsAway International - SMART automotive repair service) out to pull the dent out and touch up any damage. Should workout cheaper than a main dealership quote.

 

[Bronto]

Rule 108 of the Highway Code: "give way to pedestrians crossing the road into which you are turning"

There is also a "Duty of care" question here

I'm not saying who is morally right or wrong, I'm just saying get some proper legal advice, it's not always as clear cut as you think

 

[jasperconran]

When i was 16 i got Hit by a car on my bike, It was my fault for not having lights and i was using the road Not just crossing. But the police told the driver to claim from his own insurance. As i was a unnsurance and untax road user. (But i dont know if the copper felt sorry 4 me) As i was Cationed and had to wait to see if Cps wanted to take me to court, for a peddal vechice without lights.

But as your kid was crossing the road, He was not a road user And any road user should be aware of people crossing. Safley or other wise. In not doing so could be seen as, driving without due care.

I would ask the old bill if any charges are being broght to the driver and if they think u should be paying for repairs. Ask them to write it down with his name and number if his helpfull. As it could be used in the small claims court

 

[nara]

I would ask the old bill if any charges are being broght to the driver and if they think u should be paying for repairs. Ask them to write it down with his name and number if his helpfull. As it could be used in the small claims court

Sorry, here we go again. How carefully have you read the original post?