liability in accidents

[frilda]

Hello looking for advice here.
My son was cycling home from school one day. A motorist stopped suddenly in front of him in her car. My son didn't break in time. Unfortunately my son's handlebars put a slight dent and scratch in her car. Luckily my son was OK, but the lady is claiming I am liable for the damage. Does anyone know where the law lies as I don't have insurance for my son to ride into the back of someone's car.

 

[mjr]

Check your home insurance for household liability cover - you may actually have insurance for your son to ride into the back of someone's car.

 

[fossyant]

Check home insurance but not sure on liability for a minor (if under 18)

 

[growingvegetables]

Does anyone know where the law lies as I don't have insurance for my son to ride into the back of someone's car.

There's a good-sized chunk on the CAB website - with the helpful "This is a complex area and you should seek advice from an experienced adviser such as at a Citizens Advice Bureau.."

 

[Drago]

Been there with my oldest daughter when she was 17.

You don't say how old your son is, but at 17 my Daughter was too young to have civil legal action taken against her. At the time she wasn't in my care or supervision, so they couldn't sue me.

In all probability it was indeed our lasses fault, but seeing as the driver had stood over her swearing as she lay in the road in pain I told him to go and perform a sexual act upon himself and do his worst. We had a letter from his insurers solicitor, I wrote back and reminded them she was 17 and therefore they couldn't sue her. Never heard anything again.

If he hadn't been such a chump I'd have happily paid for the damage myself, but verbally abusing a young lady in pain and distress was a low blow (by all accounts he only stopped when a hefty chap in a passing van offered to render him unconscious).

 

[spen666]

Been there with my oldest daughter when she was 17.

You don't say how old your son is, but at 17 my Daughter was too young to have civil legal action taken against her. At the time she wasn't in my care or supervision, so they couldn't sue me.

......

I am not sure you are correct.

As parent or guardian I think you are responsible in Tort for the actions of those in your care. If you choose to let your child go out unsupervised, you are still responsible ( in negligence) for any acts she commits.

I am sure other lawyers on here will correct me as its a long time since I dealt with anything civil.

 

[Will Spin]

Probably not helping very much - but a similar thing happened to me when my son was about 12, he ran into the back of a parked car. I gave the car owner some money to cover the damage and shut her up...she was being unnecessarily unpleasant about the matter.

 

[cubey]

stood over her swearing as she lay in the road in pain

Amazing how a chunk of metal, the car, takes precedence over the well being of another human being.

 

[SpokeyDokey]

I think you should cough up the cost of the repair.

Imagine if it was the other way around.

 

[glasgowcyclist]

You might also want to seek info from http://www.cyclistsdefencefund.org.uk/legal_information .

 

[Drago]

http://criminal.lawyers.com/juvenile-law/parents-responsibility-for-their-childs-actions.html

Depends on many vaiables, but it seems likely there's no comeback against you personally. However, if the lady is being polite and reasonable I'd probably make good the damage myself.

However, if she were being a plum I'd tell her to jog on.

 

[glasgowcyclist]

I think you should cough up the cost of the repair.

Maybe she can't afford it, and maybe she won't be covered by her home insurance. The driver is more likely to have insurance and can claim on that if all else fails.

 

[vickster]

The driver is more likely to have insurance and can claim on that if all else fails.

And be penalised for something that wasn't their fault? Yes, they braked late, but the gap left wasn't sufficient to react, same rules apply when driving a car and run into the back of someone

Checking home insurance legal cover seems the best suggestion. When did this happen if it actually did? Cycling home from school 'one day' seems pretty vague! Smells a bit like spam or the OP was the driver and wants to know where she stands...?

 

[SpokeyDokey]

Maybe she can't afford it, and maybe she won't be covered by her home insurance. The driver is more likely to have insurance and can claim on that if all else fails.

But the driver may well have an excess in place and/or may lose some NCB if it is not protected.

I think the 'problem' here is that it is a car that is damaged and cars aren't always popular on CC.

I do wonder what the reaction would be if the youngster had run into someone's mega-bucks carbon uber-bike and trashed it.

 

[MarkF]

The OP's tale sounds just like the father of the boy who rode into my cay. the car was stationary at a junction, the boy rode straight through (steep hill) and into the car causing ££££'s of damage, a totally caved in drivers door. MrsF comforted the boy and, as he lived local, drove boy + bike home. After a good father/son conversation, the story changed.................

Upshot was we paid for the damage, insurers not interested, police not interested, father not interested, boy awol. I couldn't live with myself doing that, as long as I could afford to, I'd pay for the damage or at least make a contribution. Do the right thing.