Involved in a car accident with a pedestrian

janninew

optimus_primera wrote: »

I remember a thread on here about a child who damaged a car by hitting it with her bicycle, and then the OP getting a load of abuse saying to right she should have to pay,as she damaged it,and now its not the kids fault that she ran into a moving car and caused damage as a result of her actions? ( I am not pointing the finger at individual posters,as i am far far to lazy to find the other thead and match posters to comments).

I agree however, that trying to get anywhere persuing this is liable to be a waste of time.

Next time it happens, try to hit em harder ..... with any luck they won't do it again .......

I remember that thread, wasn't that long ago. The OP was the mother of the child who had damaged a nieghbours car with her bike. I think the OP agreed to pay, seeing as her daughter caused the damage, I think she could only pay a small amount each week, I even remember the car - was a Fiat Punto!!

Quentin

Alias_Omega wrote: »

The OP should chase the family for the excess & claim from the insurance. If the family refuse to pay the excess. I would probably push it to the small claims court.

As the insurer has already tried the family and decided against any court action, why advise the OP to disregard this and plough their own money into attempting to sue someone (they don't even know the name of, never mind the correct address!)

Gene_Hunt_2

Once the OP obtains the address it may be worth a drive past. If it's a decent address it maybe worth a £40 punt. Some run down 5h1thole with the OP's dad in his stained vest and a carpy Cortina on the front garden and I would suggest he's p1$$ing the wind.

sarahlouise210

Unless I misunderstood the original post..... the OP has no knowledge of the child or the parents address and this has been blacked out on the Police Report - so they would not be able to pursue them by letter...and I am not sure how they would take them to court if they dont know there whereabouts ( although I am sure that there must be a way in that situation) .

Gene_Hunt_2

sarahlouise210 wrote: »

Unless I misunderstood the original post..... the OP has no knowledge of the child or the parents address and this has been blacked out on the Police Report - so they would not be able to pursue them by letter...and I am not sure how they would take them to court if they dont know there whereabouts ( although I am sure that there must be a way in that situation) .

Pay £100 or what ever the going rate is for a copy of the report.

Quentin

Alias_Omega wrote: »

If it was a £100 excess, then maybe take it on the chin. But certainly not an £500 excess.

Taking the child / childs parent to the small claims court will not cost a alot, £30 for inital claim then £35 allocation fee if it reaches that stage. All refundable if you win.

All very misleading:

1) Court fees are paid by the claimant and are non refundable.

If you win, then the fees are added to the amount being claimed, and the loser given an order to pay the total to the claimant. If the defendant cannot pay, then the climant loses that as well as the money already lost that the claim was about!

2) The fees you quote are wrong. (It's £35 to issue a claim for £500 and another £50 to pay for a hearing).

However, were the OP to go down this route (ie. obtained the third party's id/address; been properly advised she will win; got advice the third party has funds to pay), then suing for just the excess is pointless - she needs to sue for all her uninsured losses (stated to be £1000). This involves higher court fees (£135 for a hearing up to £1000, £175 if it's for over £1000 up to £1500)

Gene_Hunt_2

Are the parents can't pay or won't pay?

If it's can't the OP should move on, it's just gonna be a case of good money after bad.

vikingaero

optimus_primera wrote: »

I remember a thread on here about a child who damaged a car by hitting it with her bicycle, and then the OP getting a load of abuse saying to right she should have to pay,as she damaged it,and now its not the kids fault that she ran into a moving car and caused damage as a result of her actions? ( I am not pointing the finger at individual posters,as i am far far to lazy to find the other thead and match posters to comments).

I agree however, that trying to get anywhere persuing this is liable to be a waste of time.

Next time it happens, try to hit em harder ..... with any luck they won't do it again .......

There's a marked difference between a wobbly x year old on a bike being look after by an absent minded grandma to a 14 year old chancing it when they could have crossed safely.

I'd argue that if it is worth pursuing an action then it will be the best road safety and responsibility wake up call for a 14 year old.

optimus_primera

On my first point, I was not commenting on the incidents, just pointing out the different reactions on the 2 threads,on the point of persuing action, I agree if you can get money out of them,then do it.

But in this case,it appears its going to be a (steep) uphill battle .......

Yorkie1

sarahlouise210 wrote: »

Unless I misunderstood the original post..... the OP has no knowledge of the child or the parents address and this has been blacked out on the Police Report - so they would not be able to pursue them by letter...and I am not sure how they would take them to court if they dont know there whereabouts ( although I am sure that there must be a way in that situation) .

As someone else has previously posted, the police are obliged to provide the details if requested in writing for the purposes of litigation. (And if the police seek to refuse by relying on the human rights act, or data protection laws, they are wrong to do so).