Thoughts please on liability - crash in race training

[screenman]

It is a racing incident, you go into cycle racing expecting to crash.

 

[DCLane]

Thanks @Tyke @Profpointy @Spinney and @screenman

Child A's 12 and mine's 9. I've asked mine again (Child C) this morning and he says he didn't see him until Child B swerved and didn't hear the call.

I'm trying to be objective here as they've got to train together. Also, since Child A's parent works for a pro bike team there's a chance he's on here.

 

[Spinney]

Why did Child A turn off anyway? Was this the plan, or was Child A doing something unexpected?

 

[DCLane]

Why did Child A turn off anyway?

I don't know; they were doing loops around the far point apparently and he said afterwards he called out that he was doing a "short turn". So, no, it wasn't expected.

 

[Spinney]

I don't know; they were doing loops around the far point apparently and he said afterwards he called out that he was doing a "short turn".

So basically, Child A changed the 'plan', and although some kind of warning was given it wasn't sufficient to alert all riders to the action he was taking (obviously not sufficient, as your son didn't hear/register)? And this is not a situation like driving on the roads where one is expected to leave enough gap to stop if the person in front stops.

I know they're kids, but if the parents are trying to claim the whole cost of an expensive bike...
And as screenman said, you should expect to have crashes in racing situations.

Anyway, good luck with whatever you do about it. Hope any arguments don't put your lad off his cycling.

 

[Andrew_P]

Have the parents actually told you they want you to pay for the bike in full?

Part of me is saying make an offer but the biggest part says they were in a racing environment even if they where not actually racing it certainly sounds like they were at the very least practicing racing and as such they have to assume and expect accidents and or crashes that may involve damage to possessions and or any children.

If it was my kids bike I wouldn't be searching around for someone to take the liability unless it was really clear stupidity or the other party did it deliberately such as a barge etc.

I do think you should discuss it more with the instructors.

 

[MikeW-71]

As it's a "racing" situation, damage/injury is a risk you have accepted. If a crash happens, you pay for your own repairs and that's it.

If you can't afford to replace it, don't race it.

 

[PK99]

In fact there's a specific clause in BC insurance which states (IIRC) you cannot claim off someone else with BC insurance, so if Child A has BC insurance then that may mean it's a non starter.


that.

if that is correct it is a serious gap in the cover. ctc membership includes such cover.

 

[zizou]

They are just kids so its hard to be harsh on them doing something daft but from the description Child A is the one at fault. You just dont do that sort of thing riding in a group plus IMO even if he had shouted out "short turn" then i'd take that to mean doing a short turn on the front, not actually turning and cutting the course short.

In any case if the frame is carbon it can be repaired these days for much cheaper than it would cost to replace the frame.

 

[JoeyB]

As it's a "racing" situation, damage/injury is a risk you have accepted. If a crash happens, you pay for your own repairs and that's it.

If you can't afford to replace it, don't race it.

This ^

 

[marzjennings]

If you race or even train to race you take the risks and pay for your own damages. Unless your kid was deliberately attempting to crash into the other kid or there's some sort of gross negligent act by the training center then the other parents need to man up and pay for the damages to their kid's bike. Accidents in racing ARE going to happen. As mentioned above "If you can't afford to replace it, don't race it."

 

[screenman]

Thanks @Tyke @Profpointy @Spinney and @screenman

Child A's 12 and mine's 9. I've asked mine again (Child C) this morning and he says he didn't see him until Child B swerved and didn't hear the call.

I'm trying to be objective here as they've got to train together. Also, since Child A's parent works for a pro bike team there's a chance he's on here.

If his parents work for a pro team, then they should understand that in racing accidents happen and you pay for your own damage. Also that you do not put your child or anyone else's child for that matter under any stress that might take away their enjoyment of the sport.

 

[Lanzecki]

A racing incident. I've yet to see pro teams suing other ones because of a crash...

 

[summerdays]

I think you need to talk to the organisers of the training session and see what they think are the liabilities in this situation. In my mind your son is definitely not wholly at fault so shouldn't be paying for a replacement bike, yes he crashed but the other child changed what they were doing. If you did decide to pay then do you get the entire bike and would the frame be fixable?

I think the organisers should at least have a policy over who is responsible for any damage caused or if there is a maximum amount that you can be liable for. And possibly I wouldn't want my child training with that particular child again. In the same way that you trust some riders more than others and so leave bigger gaps or don't like them following you.

It's a hard choice when you are a parent who maybe feels sympathetic to their problem. I wonder if it had been the other way around whether they would be quite so keen to pay up to replace your son's bike.

 

[Fab Foodie]

It's a racing accident. It's the risk you take, if you can't afford damage to your kit then don't take it to the race.
I wouldn't offer anything for the damage.