Home Forums Chat Forum Mrs Skip hit a child this morning in the car, can we claim off them??

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  • Mrs Skip hit a child this morning in the car, can we claim off them??
  • armchairbiker
    Full Member

    I think I’m like a few people that haven’t gone through the full post.

    However, I’d take legal advice ASAP. I believe there is precedent in Law for cases where drivers have taken claims against pedestrian’s for coming out between cars without due care and attention.

    Given the current claims culture in this country. I’d take an protective stance now. Those no win no fee lawyers are the reason everyone’s insurance is going through the roof (and Yes, I’ve got access to some of the stats)

    armchairbiker
    Full Member

    LoL. Love the ambulance chaser advert from the National Accident Helpline on STW. They make estate agent’s look like caring people!!!!

    shooterman
    Full Member

    Sweet Jesus I thought I’d heard it all!

    MoreCashThanDash
    Full Member

    I’m a former insurance claims manager, although a bit rusty now!

    Yes, you can make a claim against the kid if you can prove that the damage to your car was caused by their negligence. Would be covered by their household insurance if they have any. I’ve seen it done successfully – but very, very rarely, and only where the witnesses are rock solid behind your wife.

    The kid can also claim off you for any damage your wife did to them caused by her negligence. While he may be 12 and should have known better, his argument would go along the lines that he was only 12 and your wife should have seen him among the cars (unless he is very short!) and been aware of the potential hazard and been driving appropriately. You may think this sucks, but I’ve seen it happen – a lot.

    You can each be held partially responsible, and pay a proportion of each others claim. My advice would be to consider very carefully which of you (and any insurers and No Claims) is likely to come off worst!

    I’ve not read the thread fully but you need to report this to your insurers asap, and presumably the Police will have all the details and witnesses.

    Bunnyhop
    Full Member

    Skiprat – I’m glad that the girl and your wife are o.k.
    A similar thing happened to me many years ago, however the 15year old I hit was on his bike with his 10 year old brother riding on the handlebars.
    Their father wanted to sue me. When the police were involved the older lad confessed to jumping off the pavement into me.
    I was shaken up for a few days.

    scuttler
    Full Member

    Now it’s ‘First4Lawyers’ ->

    Apparently someone called Andrew Castle fronts their campaign. I wonder if he sleeps easily at night.

    Turns out he’s a retired tennis professional and now TV Presenter who was on GMTV – so he’ll fit right in with the demographic his employers are targeting. Scum.

    Vortexracing
    Full Member

    Same thing happend the Mrs V last year.

    Toyota now has a big dent in the wing, kid is OK, the Mrs is OK. I’ll get it straightened out in due course at my cost.

    I don’t think it’s right to be claiming for everything that happens in life IMHO.

    It’s only a bit of tin after all.

    jonahtonto
    Free Member

    im glad the girl is ok, i hope your wife gets over the shock which can be substantial and long lasting.
    however i think your sick in the head for even contemplating suing a child for getting run over.
    what is wrong with you? what kind of a world do you want to live in?

    M6TTF
    Free Member

    He’s not talking about sueing a child, he’s asking about claiming losses back from the child’s parents. Difficult situation and not one anyone would wish to find themselves in – hope it works out ok for you, and wifey is ok

    hora
    Free Member

    As mentioned, any claim could prompt a reaction/counter-claim. I doubt the parents can claim against you though if she only had minor bruises.

    Thing is, if you tell your Insurer, I bet some snivelling little rat in there is paid to pass on the other parties contact details to Jackals.

    Me a **** cynic?

    rightplacerighttime
    Free Member

    Interesting how many have had similar experience.

    Actually I think this is likely to happen a lot more frequently in coming years as I have noticed that many people seem unable to cross the road safely these days.

    Frankly, cycling the kids to school every morning has become an obstacle course at one junction where our path crosses the path taken by kids going to the local secondary school. Essentially they nearly all seem to step off the pavement into the road without looking and we frequently have to change course/stop to avoid them.

    Bloody lemmings.

    fourbanger
    Free Member

    I’m too lazy to read 4 pages, so apologies if this has been covered….
    There was a motorcyclist (near Bristol if I recall) who was overtaking another vehicle. A couple of kids were playing chicken and one ran from infront of the vehicle into the path of the overtaking motorbike. I think the child was killed and the rider injured and bike written off. I believe the biker successfully claimed against the child’s family. This is from memory and I can’t find the article, but it’s out there I’m sure!
    Try Pistonheads’ Speed Plod and the Law forum.

    edit: http://news.bbc.co.uk/2/hi/uk_news/england/bristol/somerset/6215351.stm

    hora
    Free Member

    I remember that. I can also remember distinctly feeling very uneasy about it. Saying that I felt for the rider as I think he was self-employed and needed dexterity etc for his job etc as well. Awful situation al-round but can you imagine being the parents?

    Heres one link http://www.pistonheads.com/gassing/topic.asp?t=339475&f=141&h=0

    rightplacerighttime
    Free Member

    I think we all need to have a think about this sobering message.

    Do the Govt still bother trying to educate children about anything as basic as road safety? Or is it too expensive these days?

    Interesting that back when this was made the footage of Willy Weasle actually being hit by the car was obviously thought of as far too scary for kids!

    project
    Free Member

    This is the reason nearly all byuses busess and coaches andf now trains and trams are fitted wioth recording cctv, too prove negligence by whatever party, hopefuly it wil be coming to cars sooner rather than latter, and should reduce insurance costs,as well as reducing bad and aggressive driving.

    NOT THAT ANYONE IS SUGGESTING BAD OR AGGRESSIVE DRIVING IN THIS CASE.

    hora
    Free Member

    project I can see why its a great thing. The issue is what if you are a dogger and/or like having sex on your bonnet in nature spots? 😯

    Lifer
    Free Member

    Get an old Capri.

    project
    Free Member

    You sell the vid then, and get some cash to pay the insurance, but then you would need buisness use on the insurance.

    Ps never thought of that.

    aracer
    Free Member

    How is the child supposed to pay?

    How is a dog supposed to pay when it causes damage, TJ?

    Ashley
    Free Member

    First off – you said you had fully comp cover – then all you should be dealing with is your insurance company. You will likely have to fork our for the excess but that is it.

    The insurance company themselves will try and recover thier costs from the family – you so not & SHOULD not get involved. It is not your job too and you can make a situation worst.

    It has been mentioned a few times in this thread about the ads popping up on the side for companies like NAH. If you chose NOT to go through an insurance company and forget about it – then what would you do and what backup would you have if they suddnely came knocking on your door seeking compaensation from the girl’s family and the story of the accident becomes twisted?

    You have insurance, your wife had an accident – let it be done properly and be thankful that no serious personal damage or loss of life occured.

    ourmaninthenorth
    Full Member

    I ran someone over once when I was riding to work.

    A blind man.

    😳

    Junkyard
    Free Member

    i ran over the lady employed to escort the kids to walk safely to school 😳

    It was her fault though perhaps she wil teach the kids to look as well as listen as a bike behingd you is silent

    DezB
    Free Member

    Do the Govt still bother trying to educate children about anything as basic as road safety?

    I’m still waiting for Dave C to come round and teach my kid how to cross the road.

    Junkyard
    Free Member

    Once he has taught george to do it you ar enext on his list Dez

    MoreCashThanDash
    Full Member

    The government have stopped teaching kids how to cross the road – age of austerity, reducing child benefit costs ……

    satchm00
    Free Member

    Do the Govt still bother trying to educate children about anything as basic as road safety?

    Eh Government? What about the parents???

    bigyinn
    Free Member

    Since when were children the parents resposibility, really?

    skiprat
    Free Member

    Just a quick update, girl is fine with only a couple of cuts and grazes to show for it all. Mum and dad had spent all afternoon questioning her. She has told them that she looked one way and saw traffic stood still, and then looked the direction my wife was coming from. As she couldn’t see her thanks to the 2 parked people carriers and the other parked cars, she thought it was clear and went for it. This was from the front door of her house.

    For the people that say my wife should of stopped and that its her fault for the accident, lets see if you can stop when something comes from you at right angles between 2 parked cars that you can’t see. Do you slow down to a crawl past every parked car? There is no way that you can see this happening. If there was, nobody would ever have a crash!! Just not going to happen…sorry your ideal world just doesn’t exist.

    Went out tonight with mrs driving and driving at night passed parked cars freaks her out. Shes kept re-living the incident today and i can see this taking sometime to get over.

    however i think your sick in the head for even contemplating suing a child for getting run over.
    what is wrong with you? what kind of a world do you want to live in?

    Lastly, can i just clear up what i originally meant. I am not looking to claim against the kid or her mum and dad. I am not wanting to take 50p per week off her for the next 15 years!!! I was asking from the view of will the insurance company be after them for the excess. I’m not going to be chasing them, that will be down to the insurance company.

    Yesterday was just a shitty day thinking that:-

    my mrs had to go through all of this,
    we have to pay the excess as it goes down as a fault against her,
    our premiums will go up thanks to the girl not taking time to cross the road.

    Fingers crossed the mrs gets though it quick and that it all ends well.

    Markie
    Free Member

    Fingers crossed the mrs gets though it quick and that it all ends well.

    Right on.

    bigyinn
    Free Member

    The main thing is the child is fine. Mrs skip will need to keep driving even though it is probably freaking her out.
    To those who are wringing their hands saying how can you even consider trying to get some money out of them. WHY the hell should you be out of pocket.
    In my current situation I cant afford to pay for repairs out of my own pocket, so why should i get put in the shit because of someone elses mistake? If it was my son that caused the incident, we’d certainly be discussing it with you!

    restless
    Free Member

    I can’t believe your partner would even think about claiming costs off the family of a child she ran over! 😯

    I have never heard of such a cold hearted thing !

    cheburashka
    Free Member

    Sounds like your missus has been traumatised by this, dropping in on the kid’s parents and putting them in no doubt how much of an effect this incident has had would be good for all concerned and might teach the kid the valuable lesson that her actions can have consequences.

    Don’t try to claim money from the parents for karma’s sake but if you go round there and the parents offer payment don’t turn it down (surely to them the cost of a bit of bodywork repair is a good return for the fact that their daughter is alive and well).

    richiethesilverfish
    Free Member

    I can’t believe your partner would even think about claiming costs off the family of a child she ran over!
    I have never heard of such a cold hearted thing !

    Give it a rest . . . Restless.

    The police are happy to declare that his Missus is clear of any negligence as such why’s it’s such a heartless act? If she was at blame and/or the child was injured I’d agree it’s not very tasteful or exceptable to chase for your repairs but that’s not the case here is it.

    Children (and adults !) will make mistakes but why should anyone other than the parents be expected to foot the bill for them?

    Edukator
    Free Member

    Do you slow down to a crawl past every parked car?

    When I can’t hog the centre of the road to give me enough visibility due to oncoming traffic, yes. This generally means beig well under the limit on roads with parked cars along both sides.

    A report on Europe 1 said US pedestrian deaths have tripled in the US and the reason is walkman type devices. I’ve done some Googling but can’t find where they got tripled form or over what period, but there are plenty of articles confirming a rise.

    Even adults look and don’t see as every driver that has knocked me off my bike has said.

Viewing 34 posts - 121 through 154 (of 154 total)

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