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need help ASAP with the law

jackt010 Avatar
8y, 4m agoPosted 8 years, 4 months ago
ok, so basicly my son hit a car side on [he was on a pedal/push bike](it was pulling out) he is 12 BTW and was coming down the pavment (clear both ways ) and this car luches forward out of a hidden spot on he hits it and damages it .... now my son was told that he is gonna be sued what are the chances etc of this??? what could he claim and do we have to report it to the police as an acident
jackt010 Avatar
8y, 4m agoPosted 8 years, 4 months ago
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#1
was he on a bike?
#2
He was driving?
banned#3
Phone Citizen's Advice in the morning.
#4
he *was* on the PEDAL bike but came off it on down the bonet
#5
Firstly did/how did the car owner get your sons name/address?
#6
got name and addy cos the man was domenearing so rather than be hit etc he gave it ALL name addy and phone :(
#7
Who told him he was going to be sued?

If it was the car owner, disregard all that is said at the scene. If there is damage to the car, might go through insurance so statements will have to be given. Clearly the man was upset but your son must have been v. shocked (hope he is OK, will feel most of the muscle aches tomorrow, if this happened today). Give the police a call if he persists with loud behaviour.

If not insurance, and they want to go to court to relaim the cost of repair, they would have to prove your son was at fault. Lots of people threaten this but it goes nowhere.

If you decide your son may have been slightly responsible, you need to come to an agreement about the cost of repairs BUT don't hand over any money without seeing at least 2 garage estimates of the repair costs.

Don't be intimidated into parting with any cash without taking good advice
#8
just do what the yanks do and counter sue for careless driving


:whistling:
#9
Riding on the pavement; not a good idea. Got any independent witnesses or are you relying on your son's story?
#10
had a friend with him (age 17)
#11
jackt010
got name and addy cos the man was domenearing so rather than be hit etc he gave it ALL name addy and phone :(


Why wouldn't you give your details if you were involved in an accident?
#12
beacuse he is 12!!!
banned#13
jackt010;2568419
beacuse he is 12!!!

He was still breaking the law so the driver is fully within his rights to sue for damages. Cars do have to cross pavements when leaving driveways so I'm guessing your son wasnt going at walking pace.

Best to contact owner and reach an amicable solution before solicitors get involved I would say.
#14
In the case of all accidents you should inform the police. Chances are they won't be in the slightest bit intersted, BUT if you go to them first it would avoid any nasty threats from the driver of the car.

Hope your son is ok. Mine ran in front of 2 separate cars before he reached the age of 7! I began to think he needed a harness!!!!!!!! He is 13 now and I still nag him to be careful of the roads.
#15
If he was on the pavement did the car go on the pavement?
#16
i find this stupid. whats wrong with people

the boys only 12

mistakes happen

the car owner needs a slap and reality check, hes the ones whos acting 12 here
#17
i doubt the plaintiff would be able to sue upon damage charges, and he may just get off with a fine from the local council for riding on the pavement, but who knows...
#18
As your son is only 12 and therefore under the age of 16 he cannot be prosecuted for

a) Cycling on the pavement

b) Hitting a car with his bike if it was an accident

I would advise contacting your household insurer in this instance especially if you have the legal cover which normally costs a little extra.

In addition contact the police

a) To advise them of the accident

b) That your child passed on his details to the motorist

If the driver harrasses you simply direct him to your insurer (assuming they can help).

Do not under any circumstances talk to the driver direct or offer money for damage. The driver should have car insurance which covers this. It might be that he doesn't have insurance and therefore has no way of recouping the cost of the damage and so is pursuing you.
#19
Have a look here! http://www.dft.gov.uk/pgr/sustainable/cycling/cyclingpolicyoverview?page=6


Q. Are children allowed to cycle on pavements?

A. Whilst there is no exemption to this law for children, the police have always used common sense and discretion in exercising their powers over children cycling on the pavement. Very young children should not be expected to cycle on the road and we would not recommend any child does so until they have received cycle training. Enforcement of cycling on pavements is usually dealt with by a fixed penalty notice, which cannot be issued to anyone under the age of 16.
#20
it wouldn't be a criminal matter but the driver is well within his rights to sue you (as his legal guardian) for the damages to his vehicle. it wouldn't matter if your son was on the pavement or not. if a cyclist causes damage to a car (or other property) he/she can be sued for the damages.
#21
Hi- I work in Insurace and deal with personal injury claims so feel qualified to answer your question. Your son can be sued, although it is very unlikely that an insurance company would fund it. As you say he is only 12 and accidents do happen. I hope your son was ok, if not he could sue the driver, it may be a case that the driver was in some way negligent for the accident? Do you have household insurance? Often there is legal cover to fund the legal costs of being sued, you may be able to use it to sue the driver.

My recommendation is to report it to the police and try not to worry about it, I am sure that will be the end of it. If you need any further assistance, let me know.
#22
Do you know what damage was actually done to the car?

John
#23
no home insurance (as no money) his leg hurts apprantly but other than that ok but the bike is broken (gears and brakes) i just cant afford this at all!
#24
Johnmcl7
Do you know what damage was actually done to the car?

John


tiny tiny dent (like only visable at right angle and about 1/8 CM deep so just like a bruse or something) and a little scrape (from the D-LOCK on his bike)
#25
The reason I ask is that it sounds like he must have been going at quite a speed down the pavement to do any damage to a car which the police may frown upon?

John
#26
not really if a bike hits something thats also metal it will cause damage.... and a D-LOCK would swing and casuse minor dent easily!
banned#27
It very much seems like 50/50 to me, with both at fault. The car driver needs to give extra care and should only pull out when safe to do so, likewise yer wee nipper should have shown the same consideration when cycling on the pavement, both could easily have run over an OAP or small child.

Consider cycling proficiency tests for your kid,. You should have considered that option before letting him outside on his bike or at least ensure he has adequate supervision. Your kid escapes with a wee bruise and a dent on his bike, the driver incurs a cost for damage to his car. A small price to pay, both should be fortunate to escape so lightly.
#28
here

http://i36.tinypic.com/k1fhxi.jpg

this is a multimap shot of where acident happend
banned#29
jack010,

That looks a very busy road and a full car park.

How far is that from your house. I'm guessing it's some distance away otherwise a responsible adult would have intervened at the time of the accident
#30
nope fairly busy and about 2 mins away from my house ( end of road) no one was around as it was 5pm on sunday! he and this man was only people
banned#31
What do you mean no-one was around ?
#32
no one was around empty street not being horrible how else could i put it they were the last two people on/in the road! well except the friend ;-)
#33
Dont see how the car driver is at fault or why he/she should be expected to pay for the mistakes of others? if you feel it was an accident, then cough up and pay for the repair? No-one emerging from a drive or car park and having to cross a pavement should expect a bike to be riding along the pavement, I am sure in the reverse situation you would agree / or maybe not.
banned#34
I think my post at #31 will be the outcome. Based on the facts that you have stated, the drivers claim would likely fail unless he was stationary, in which case I'd go after the parents and seek adequate compensation.
#35
Was it crossing a pavement or an actual exit road type thing - i think that would possibly make a difference. I think if it is crossing a pavement then persons on the pavement have right of way - CAB are definitely there to help and you will need all this info for them to help you properly. However - I think a call to the police may well sort most of this out
banned#36
Happychappys
Dont see how the car driver is at fault or why he/she should be expected to pay for the mistakes of others? if you feel it was an accident, then cough up and pay for the repair? No-one emerging from a drive or car park and having to cross a pavement should expect a bike to be riding along the pavement, I am sure in the reverse situation you would agree / or maybe not.


Happychappys,

Only if the car was stationary, the driver has to ensure it is safe to pull out at all times.
#37
Looks to me like its road rather than sloped pavement if so then your son should have stoped to check before crossing. glad he is ok and i hope you don't have too much hassel over this
#38
I was about to ask where it was as I live in the area. I was in that exact spot a few days ago!!!

Was the car driving out or reversing? Where did the bike hit the car as coming out of that car park is road rather than pavement I would say.
#39
dmissy13
Looks to me like its road rather than sloped pavement if so then your son should have stoped to check before crossing. glad he is ok and i hope you don't have too much hassel over this


Agreed, if it happened at the enterance to that car park then I would call it road and would never ride across it without stopping and looking both ways.


I knew that park hadn't been there long over the road, it's not even on that map.
#40
If I remember correctly there are drop kerbs on the pavements either side of the enterance to that car park, a fairly clear indication that the pavement is changing to road. The same sort of thing that you have at most junctions.

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