Damage to car by push bike !!

[Ned52]

HI all,

Wife was rammed in the side of the car by a school boy on his push bike,
Shot out of a alleyway into the side car and made a large dent where the
Passenger door handle is.
The boy was shaken up but not hurt, walked back to the house gave him some
Water, Mun and Dad both at work and unable to contact them so phone his
School which came out and took him to see the school nurse.
What I would like to know is how to get the car repair bill paid.
Any ideas on how to proceed.

Cheers

 

[Ajeman]

I would imagine the small claims court would be the usual route if the parents were not prepared to pay. I certainly remember what happened when I accidentally put a car window through when I was a kid, parents paid for it to be replaced (and couldn't imagine not doing so) and I didn't sit down for a week!!

 

[Lee337]

I would say you may want to ask someone with legal knowledge as asking on here you'll possibly get conflicting views, none of which could be right.

Your starter for 10, you may be able to claim on the parents household insurance, depends on what's covered. Small claims is probably not an option as it was a school kid.

But I'm no expert & when something similar happened to me (student in Cambridge into the side of my ZZR600) I had to foot the bill.

 

[derek kelly]

https://www.balgores.com/what-are-my-rights-if-a-cyclist-damages-my-car/

 

[Pow-Lo]

https://www.balgores.com/what-are-my-rights-if-a-cyclist-damages-my-car/

In that case, I'd be suing Brad Wiggins and Chris Hoy.

 

[Jaws]

A claim can usually be made against the parents house insurance if said parents are not forth coming with a cash offer.
Any have to put it in the hands of a blood sucker ( lawyer )

 

[T.C]

You are entitled to either claim off the parents house/contents insurance (assuming they have insurance) or you can simply issue proceedings against the parents in the small claims court or the county court depensing on the cost of repairs.

If they have no insurance and so it becomes a personal liability, then if the parents offer to pay the cost at for example £1 a week and the court accepts this offer, then you have to ask if it really is worth making the claim.

 

[ianrobbo1]

Or you could cut the bike up and post it through their windows, I fucking hate uninsured cyclists.

 

[Ned52]

Tried to make contact with the parents by calling round to sort something out, car
in the drive, twitching curtains but no one answered the door.
put a letter thro the door with my contact details, photo of damage estimate of the
repair (£350 + VAT) etc.
In the letter I respectfully asked him to reply as soon as possibly and not longer then seven days.
So any ideas which is the best way to go from here, I would like him to face up to it and pay
but I'm not going to hold my breath waiting.

 

[Squag1]

Tried to make contact with the parents by calling round to sort something out, car
in the drive, twitching curtains but no one answered the door.
put a letter thro the door with my contact details, photo of damage estimate of the
repair (£350 + VAT) etc.
In the letter I respectfully asked him to reply as soon as possibly and not longer then seven days.
So any ideas which is the best way to go from here, I would like him to face up to it and pay
but I'm not going to hold my breath waiting.

Did you report t o police.
Might be significant in settling

 

[Ned52]

No, as he wasn't hurt no...…………... but on reflexion maybe I should have.

 

[T.C]

Did you report t o police.
Might be significant in settling

Unless there was injury, then Police will not be interested as it is not a reportable crash as no injuryt was caused to a third party and the cycle is not a motor vehicle (which is key)

Given that the parents are not responding, then what you need to do is write a formal letter of claim holding the son liable for the cause of the damage and as the parents they are ultimately liable.

Also include the fact that you would advise them to pass on the letter of claim to their insurers or you will be obliged to issue proceedings against them in the county court to recover your losses together with any additional costs (which inludes court costs) as a result of their sons negligence.

If they continue to ignore you, then pop into the local county court and they will be able to help you fill out the paperwork and file the case..

Hope this helps.

 

[Squag1]

Take your point.

I was suggesting it just for record purposes and maybe shock tactics.

 

[T.C]

Take your point.

I was suggesting it just for record purposes and maybe shock tactics.

They won't even bother to record it as legally a crash has not occured involving 2 motor vehicles until it becomes a catastrophic or fatal crash and even then it is only nvestigated for the purposes of an inquest or if it turns fatal within a year and a day.

 

[derek kelly]

Several years ago I was riding home on my z250, a transit van pulled over onto my side of the road & stopped outide his house, I collided & broke my little finger on my left hand, there were witnesses but the police weren't interested.

 

[Ned52]

HI all,
Just an up-date,
The guy decided to make an offer (just) before it came to court which was about 80%
of the cost, so its now settled.
Thanks for your input.

 

[Jaws]

HI all,
Just an up-date,
The guy decided to make an offer (just) before it came to court which was about 80%
of the cost, so its now settled.
Thanks for your input.

Odd you posting now.. It was only this morning I remembered your post and was wondering how you got on..
Thanks for the update

 

[andyBeaker]

HI all,
Just an up-date,
The guy decided to make an offer (just) before it came to court which was about 80%
of the cost, so its now settled.
Thanks for your input.

It's a good result either way.......so presumably you were 20% at fault?

I jest, take the money and move on!!