I've had an accident

[fungus]

This evening at about 6-15, I was accompanying a pupil whilst driving through the village where she lives. It is a medium sized village with narrow bendy streets, and cars parked randomly on either side of the road. We were approaching an acute junction to our left,(we were on the priority road). About 7 or 8 metres from the give way is a garden wall at 90 degrees to the road we were in. It connects to the road approaching from our left. There is then a small triangular green running up to the give way line.

There were two oncoming cars. As we were about to pass the garden wall that is at 90 to us, a bicycle wheel followed by a boy appeared from directly behind the wall. I hit the brakes and the pupil swerved to the right. There was a bang and the car came to a halt. The two oncoming cars stopped.

A lady from the first, who was a first aider, attended to the boy whilst the lady in the second car went to get the boys parents. I phoned for the Police and Ambulance. The boy who we found out is 13 years old fell, rather than being thrown or knocked off his bike, and landed at the side of the car on some gravel between the green and the road. From the damage sustained he had ridden into the front NS wheel, his handlebars twisting, and the RH brake lever contacting the front NS wing a few inches from the A pillar, causing a deep scratch and a dent in the wing. The bicycle had a buckled front wheel and a bent brake lever.

The boy sustained grazes, and probably bruising. The Police and Ambulance were called and the boy checked over. He was not taken to hospital and went home with his parents afterwards. Both my pupil and I were routinely breathalised, both giving a zero result. The Police stated that they had no further interest in the accident having satisfied themselves that no offence had been commited. They advised me to inform my insurance company in the morning and inform the boys parents as to what the insurance company advised.

I was relieved to see that the boy sustained nothing worse than cuts and bruises and a buckled wheel to his bicycle, but rather anoyed to think that I now have a repair bill to straighten out my wing, although I wonder whether it's worth it.

[martine]

Every driver's nightmare...I imagine you and your pupil were pretty shaken by the experience. Good to hear it was minor injuries only...think I read somewhere early teens are the highest risk group for road accidents such as this.

Great you were on the ball with the dual controls...I bet your heart rate went up somewhat!

How did the parents react?

[ExadiNigel]

Glad the lad was ok.

BUT! What are the Police on about - no offence commited. The lad cycled out from a non-priority road into your car, of course an offence has been committed. It will be interesting to see how the insurance company decide to play it. The parents of the lad are responsible for the damage to your car.

Perhaps the Police should send the parents a list of the local Bikeability instructors and insist teh lad attends a course.

Nigel

[fungus]

Nigel, The lad rode out from behind a garden wall. At this point there is only a small green. The road I was refering to, Back Lane, runs at an angle of approximately 45 parrallel to the road we were in, Church Street, the roads joining a few yards beyond the garden wall.

I think the lad must have ridden into my front NS wheel, the imact twisting the handlebars into my NS front wing and buckling his front wheel. Our speed could only have been about 10 to 15 mph, as I paced from where we saw the bicycle wheel appear, and where we came to a halt, the distance being no more than 5 yards.

[fungus]

Martin, the parents were obviously concerned for their sons wellfare. There was no hostility towards either my pupil or myself, in fact they were quite freindly. However, there was no mention of who is paying for whose damage. I am certainly not paying for the damage to the bicycle. As far as the damage to my car is concerned, I guess that if the boys parents make no offer to pay, I will either have to sue through the courts, not an option I rellish, and for the amount of damage it would be a costly option. Pay out of my own pocket. Claim off my insurance, or leave it as it is.

[Gareth]

Every driver's nightmare

I can think of a few worse

• trying to squeeze past an oncoming vehicle on a single track road with no obvious passing places and an unfenced drop into a ravine on my side of the road, then falling off
• ending up in deep water such as a canal or river and not being able to get out of the car
• going round a tight bend on a narrow country road to find there is a large tractor with some huge contraption with giant blades or spikes behind it, and being unable to stop

[7db]

!

Gareth -- I think those are your specialist nightmares, rather than *every* driver's nightmare.

What about running out of road and finding yourself on a scree slope slowly sliding down despite your best efforts spinning the wheels up, towards the rotating blades of a runaway combine harvester, finding your seatbelt won't undo, whilst seeing the car catch fire and hearing your only offspring wailing?

[Gareth]

Ha! I know that doesn't apply to me courtesy of your last clause

[michael769]

I will either have to sue through the courts, not an option I rellish, and for the amount of damage it would be a costly option. Pay out of my own pocket.

If the cost of the repairs is below £5,000 the smalls claims track is pretty straight forward and not as expensive as most folks think. The CAB can give free advice on the procedure (and info on the costs if you lose), and I'd recomend taking advantage of such advice.

[michael769]

DP. It has just occurred to me that this may be covered by their household insurance which often includes cover for public liability away from the home. You might want to talk to them about attempting a claim off their insurance as an alternative to court action.

[ExadiNigel]

Surely it would just be the completion of a claim form and the insurance company can choose to chase the parents for the costs?

Nigel

[Stephen]

Fungus,
Do you know if the cops are putting an injury RTc report in if not why not. Also the offence of wanton or furious cycling is an offence,did the bike have brakes fitted and working.
It does sound harsh to the cyclist but if it was reversed you might be paying for it in more ways than one. Did the cops take your insurance details to pass onto the parents. If I was you I would have photographed the bike and the damage to your car just in case,as in 3 or 6 months time you might not be able to turn the clock back .
Stephen

[michael769]

Surely it would just be the completion of a claim form and the insurance company can choose to chase the parents for the costs?

Nigel

If they choose not to recover their outlays from the third party then the NCD is affected, and there is also the matter of any excess.

Even if losses are recovered it still gets recorded as a collision (though or course the policy T&Cs require that you report any collisions even if you don't claim, of course!), and it may affect future premiums albeit to a lesser degree than a fault claim.

[TripleS]

Nigel - I'm very sorry to hear about your accident. Obviously it's good that nobody was hurt, but I'd be minded to try to ensure that you don't lose out financially. You and your pupil will have suffered the upset of the incident in any case.

I'd be inclined to speak to the parents of the youngster along the lines that they have a duty (moral if nothing more than that) to pay for the damage to your car. If they agree to do so, all well and good, but if not I would be inclined to pursue it through the small claims court.

Best wishes all,
Dave.

[fungus]

Stephen, the police did not take any insurance details from me. As far as taking photographs is concerned, I did not take any as I was initialy concerned for the lad and my pupil. I'm afraid the brain doesn't function at it's most effficient in these situations.

Dave, I am going to notify my insurers tomorrow and ask advice from them. I will ask if the costs could be recovered from the boys parents home insurance as suggested by michael 769. I then have the task of approaching them and asking if they will pay my damages, not a task I relish.

As far as the cost of repair is concerned, it could well be less than the excess on the policy.