claims against minors

[oliviaethan]

My 15 year old son has just been knocked over while riding his bike, he came out of a turning and saw the car too late, the car driver braked but couldnt avoid collision. THe driver is now looking for me to pay for the damage to her car. What is my liablilty?

[bednobs]

was the collision your son's fault? You q dosent make it clear

[redcrx]

are you saying your son pulled out in front of the car?
who do you expect should pay for the damage?

[oliviaethan]

its seems as though it is 50/50, the damage is to the back wheel of his bike and under the drivers bumper of hers, but other than that I dont know

[factor-fiction]

If you don't pay i think it's unlkely she'll be able to take any successful action.
Do you know her and want to keep on friendly terms?
You may find the car driver is liable- if it's 50/50 a court may rule in favour of the cyclist. Someone will advise you on this.
Tell her your son wants compensation for damage to his bike and possible whiplash- she might back off then and agree to call it quits

[bednobs]

cant really picture the scenario.... was your son coming out of a side turning or lesser road than the car was travelling on? If so it seems it is his fault. If the other way round, the car drivers fault. I cant really imagine a 50/50 scenario unless they were both on the same road?

if your son saw the car late, you can bet the driver saw your son late too, as bikes are much smaller than cars.

[sue11]

My nephew was involved in a similar accident as you have described, but in his case, it was entirely his fault as he did not look where he was going before cycling into the car! Luckily he was not hurt, but the car, a nice new Porsche, was damaged. The end result is that the car owner claimed from my sisters household insurance, so I am guessing that this could potentially happen with you?
Cheers Sue

[ChuckFickens]

in your question you say "he came out of a turning and saw the car too late, the car driver braked but couldn't avoid collision"

If I wrote that on a insurance claim form I would see it as admitting responsibility. but if your are liable I hope, as above says, it is covered by household insurance.

But nobody has asked the most important question, Is your son OK? I do hope he wasn't badly hurt.

[stonekicker]

tell them to get stuffed and see what they do. at the end of the day, if they are that bothered, they can use their car insurance to put things right. if it was my son i wouldn't pay and you could always point out that they ran into the back of your son - if it was two cars involved, they wouldn't really have a leg to stand on in most circumstances. try not to worry about it and good luck x

[Skyline D]

Why on earth would they voluntarily use their car insurance to put it right if it was the cyclists fault? (not saying it was the boy's fault, though the initial question implies it was whilst the later comment suggests 50/50)

I don't see what odds it would make if it was a second car instead of a cyclist either?

[birdie1971]

I agree with factor30. Let�s change the scenario a little. A fox runs into the road and the car driver hits it, causing extensive damage to the car. What happens then? The motorist will have to claim on her insurance (if the cost of repairs is going to be excessive) as she can�t make the fox cough up hard cash. The fact remains that cyclists (like foxes) are not legally required to have insurance � motorists are. What if the car was mega-expensive car and damage was going to cost �20k? Would you be expected to pay �10k? No.

The motorist must in the first instance, inform the insurer of the accident and let them take it from there. It is not motorist�s right to demand you pay anything, for what was at the end of the day, an accident involving a minor. They can ask of course, but you do not have to accept.