Childs Road bike claim

olister2k

Hi,

My 11 year old son was hit by a car on his bike 2 weeks ago. He's ok, but there was damage to the car. It would appear it was my son's fault, and luckily just ran into the side of the car as it was moving.

I felt responsible and thought the right thing to do was to pay for the damage to the car. I do not have home insurance cover. The girl has come back with quotes of £800 and £1000. The repair needed to my son's bike was £24.

I was going to get an independent engineer to look at the damage on the car. I got a message from the girl yesterday on my anwser machine suggesting she was now taking legal advice and may try and claim for whiplash, time off work, damage to the car etc.

If I pay for the damage to the car am I admitting liability and leaving myself open to the other claims?? Am I actually legally liable for this accident?? My feeling of goodwill of paying for this damage is now gone.

Any advice would be welcome
Thanks in advance
Neil

Astaroth

Without knowing the circumstances of the accident it is impossible to say if your son is liable or not

You can, if you want, offer to pay for the repairs to the vehicle on a without prejudice basis - ie by paying for it you are not accepting liability if this is the route that you want to take.

Altarf

Leaving aside any moral duty to pay for your son's actions, her claim is against your son and not you, irrespective of any offers you may have made.

Your son may be liable, but it would pointless for her to sue him as he would have no means of paying.

JasonW_2

Whiplash!! Come on! From what you have said she is at it, and deserves nothing. I would (personally speaking) not offer her a penny and let her try and sue your son. We all know this isn't an option and she would get nowhere, so she deserves this for getting greedy, obviously from talking to other low lifes about how much she could get.

I don't understand why you dont have home insurance though, is it worth the risk?

J

oramgepekoe

Does she have any independent witnesses to the accident? If not, who's to say she didn't cause the accident. If her car was moving then she should have been able to avoid a child's bike. Can you give a bit more info about how it happened. Don't pay anything.

olister2k

I understand the insurance comment. Not clever I know, I was in the process of renewing, getting quotes, searching the net etc. I'm now ok, but had a period without any. A lesson learned.

The only witnesses were here friends in her car at the time. I believe my son pulled out of a junction without looking. Believe it or not, he only went to school on his bike that one day - for his cycling proficiency test!!!

I know that if I let my dog out and a car hits it causing damage, the owner is legally liable because it's not been keep secure. You can't say that about a child though.

I did have good will, and was intending paying up. If a child had damaged my car, I'd probably just claim of my own car insurance. She's a young girl though and is probably just 3rd party.

I just don't know if we (the parents of the child) can be sued in relation to his accident.

oldwiring

Get proper advice is my recommendation and put everything on hold until you have. I'd suggest that if she is trying to pull a fast one about injury, ther is a chance that the damge claim may be suspect as well, so getting an engineer to look might still be a good idea.

This may seem an odd thing to suggest, but, if you are paying for replacement parts, I have been told, the old ones become your property and you should take them. I insisted on that years ago in a car bike accident and the claim evaporated just like that>

gazza975526570

From 10 years in the insurance game my view is that unless you forthcome with any "compensation" then not would become liable.

Ethically though im sure you feel compeeled to reimburse for the damage caused to the vehicle.

As to any injuries well doesnt everyone in an accident have whiplash........

southernscouser

She would need a doctors cerificate as proof of her "injuries"!

Hopefully she will be prosecuted for falsely trying to obtain money by deception! Whiplash my !!!!!!. She should be ashamed of herself. Another !!!!!! out to get something for nothing! :mad:

But on another note I've always thought that maybe everyone should have some sort of liability cover.

I can sympathise with the woman who's car was hit if it were your sons fault. I wouldn't like to be left with a bill for a grand or so! :think:

southernscouser

olister2k wrote:

The only witnesses were here friends in her car at the time. I believe my son pulled out of a junction without looking. Believe it or not, he only went to school on his bike that one day - for his cycling proficiency test!!!

I'm really glad your son is OK but the irony did make me chuckle!

trafalgar_2

As she seems to be pulling a fast one I've just found this

Children



If someone is involved in an accident caused by a child, it can be difficult to prove that the child's behaviour has been negligent. Even if negligence by the child can be proved, it may not be worth pursuing any legal action as the child is unlikely to have any money. However, a judgment can be enforced for six years following the date of the judgment, during which period the child may become able to pay.


If the child was accompanied by a responsible adult at the time of the accident, it may be possible to sue the adult, if it can be shown that the adult acted negligently by failing to supervise the child properly.



she has to prove your child was 'negligent' not just daydreaming or silly or playing silly beggers:D

she will be suing the child not you ,unless she can prove you were there and didn't supervise him/her properly


go and take advice and tell her your going to as well