Am I liable??

aml1977

Never again - thanks for your reply

My husband was not to blame

if you were parked as every other car in the street were parked and my son had fallen off his bike whilst cutting in between cars and fell underneath it and then lay there and did not cry or make a sound and as you very slowly edged out at aprox 1mph as you knew it is a street where children play and you are a very careful driver - I woulld be saying I should have been watching my child!!! and thanking you for your careful driving which could easily have resulted in a fatality !!

had he been a boy racer or in a rush etc he may have pulled off quicker and crushed this child to death!!!!

I cant believe that he can possibly be held liable for this - we should be taking his parents to court for neglegence and for the hurt and upset it has caused us - my son is terrified in the car now!!

avstar

I'm sure most of us have done it at some point so not having a go but parking on the pavement is a no-no. Just becuase the road is busy and full of parked cars does not make it right, your husband should have parked further away in a space that didn't involve going on the pavement.
So under those circumstances I think you'd be wise to just let the insurance company deal with it. Let them know your thoughts but I'd leave the final decision with them. Is does sound like a terrible accident, but a child was injured by your vehicle that was parked where it shouldn't have been parked, don't rock the boat is my advice. Hope it all gets sorted for you.

aml1977

Quentin - The whole of the street parks their cars like this as there would be no space for cars to pass down the rd
If this was an offence then surely they would have all be fined by now - I dont think this has anything to do with us having a jeep!!!!!

Quentin

aml1977 wrote: »

My husband was not to blame

Now because you don't like the replies you are getting you change your stance completely.

You entitled your thread "Am I Liable", and stupidly we thought you wanted advice on whether your husband was to blame or not.

But as you apparently have an alibi and were elsewhere then you are probably not liable.

That better?

Quentin

aml1977 wrote: »

Quentin - The whole of the street parks their cars like this.....

Used to hear this excuse at school:

"It wasn't just me......"

Makes no difference how many others were committing an offence!

vikingaero

Quentin wrote: »

Used to hear this excuse at school:

"It wasn't just me......"

Makes no difference how many others were committing an offence!

If it's permitted to park half on the pavement, then where is the offence?

Quentin

vikingaero wrote: »

If it's permitted to park half on the pavement, then where is the offence?

It isn't "permitted to park half on the pavement" at all!

Just because "everyone else does it" can't alter the law!

aml1977

Oh well - 1st post on this and I get this - I knew why I didnt bother - I myself will not ne letting us just take the blame for this
this boys parents have obviously had a "have you had an accident" person knock on the door and have saw £££££
I am not bothered about the money or the increase in insurance - firstly we just wanted the boy to recover and not suffer any ill effects from this incident and secondly I just dont want it on my husbands file that he has knocked a child down - because he didnt !!!

we had been visiting this child and his parents regularly since this happened and they told us they did not blame my husband
then 6 months later and out of the blue they put a claim in - if they thought he was to blame - why let us visit their son and why not claim straight away????

Thank you to everyone who took the time to post on this but I think it is causing an arguement so I will be removing the post

NeverAgain_2

...I cant believe that he can possibly be held liable for this - we should be taking his parents to court for neglegence and for the hurt and upset it has caused us...

Ami,

Like it or not, your husband ran over the child, so the chances are he will be held liable for insurance purposes.

The best thing for you is he has not been held liable for any criminal behaviour.

I'm not belittling what happened to your husband, but this type of situation is a game, albeit one with high stakes.

At present, you and your family are coming out of it as well as could be expected.

Sit tight, and no more daft remarks about suing the other family, or things might take a nasty turn.

And a little bit of pretend contrition might not go amiss, either.

You might not feel it, but it may help preserve your position.

vikingaero

Quentin wrote: »

It isn't "permitted to park half on the pavement" at all!

Just because "everyone else does it" can't alter the law!

I said "If". How do you know if it is or isn't permitted?