I've had an accident

[Kevin]

I agree but it is not just agency that could make the parents liable. Not taking reasonable care to prevent the boy from being negligent can make the parents liable.

Very good point MGF. This link http://www.inbrief.co.uk/child-accident ... bility.htm basically sums up very concisely a lot of the advice that others have given.

[fungus]

Thanks for the advice you have all given.

I have decided to persue the matter no further as the boys parents are adament that they are not contributing towards my losses, and my insurers are of the oppinion that the uninsured losses will not be recoverable. In order to make a claim against the boys parents home insurance, it seems that I will have to make a claim against my motor policy, my insurers would then try to reclaim my losses, and as they say the losses would be virtualy impossible to recover, that's not going to happen. As far as taking the matter to court is concerned, I just can't be bothered with the hastle, and besides, it could get me a name as a mean penny pinching person who sues a child who was involved in an ACCIDENT. This would not be very good from a buisiness point of view, and it's probably better to cut my losses.

[Octy_Ross]

Shame though, the little sod gets off with it scott free.

I'm sure when he's involved in the next accident it'll still not be his fault.

[gfoot]

If he was my son and Nigel had contacted me, he certainly wouldn't be getting off scott free! He's lucky not to be seriously injured, and I'd make sure he realised that. But then, I'd have tried a lot harder to find a way to compensate.

If they really don't have any spare money, he won't be getting a new bike any time soon, so hopefully he will learn his lesson there as well.

The wider problem is that parents and child cyclists (well, ok, almost all cyclists) don't take their responsibilities seriously enough before accidents happen. This family has probably thought it through now, but it's almost too late. But most people try to shrug off responsibility these days, whether on the road or off it.

[TripleS]

Nigel - I'm sorry you've felt it appropriate to come to this conclusion, but to some extent I can see your reasoning.

It galls me that you've been left with a financial loss on this, in addition to the upset already suffered by yourself and your pupil, so I can merely hope that you will recover from it as quickly as possible.

Best wishes,
Dave.

[fungus]

Update on the situation.

My insurance is due for renewal in three weeks. On inspecting the sheet detailing summary of cover, previous claims details, previous driving convictions etc. I find that an at fault claim is pending.

It appears that the parents of the child who rode into the side of my car, are persuing a claim against my insurance. Without contacting my insurance company I don't know whether this is for the damage to the bicycle, or for personal injury.

My insurance company have already employed an investigator who has interviewed myself and the young woman who was driving the car at the time. They have now paid out £466.29 to Dorset Police for the police report on the accident.

At this moment I am absolutely fuming, as this is affecting the cost of my renewal, and until the matter is resolved I will not know whether I will be held to blame or not. I am even considering taking them to court to recover my losses.

I had been persuing a claim against their household policy only to be informed in correspondence with their insurance company Direct Line, that they were no longer acting for the third party, and as far as they, Direct Line, were concerned, the matter was closed.

[MGF]

Someone drove into the back of me at traffic lights some 18 months ago. Driver's insurance was voided by his insurance company who would not compensate me until I had a CCJ against the driver. This took a year to resolve and in the meantime my insurance was due for renewal.

Fiddling about with the online quotation process I discovered the outstanding claim resulted in an increase in premium of around 10%.

I tried to add this to my court claim against the driver and was advised by the solicitors representing me that increased premiums were not actionable against the driver and I should be reimbursed by my insurer once the court had made a decision in my favour.

[IVORTHE DRIVER]

Hi,

Sorry to read about your scare but glad to read no-one was badly injured, could have been a lot worse without your prompt reactions, especially given the closeness of other traffic.

As to the damage I think I would hand the whole thing to my insurance company, thats what we all pay their extortionate premiums for after all, I certainly dont think you need to make any further direct contact with the boys parents.

Take care out there

Ivor

[IVORTHE DRIVER]

Hi again

Just read the rest of the posts!!

If you were on the road and not the grass, how the hell could you be held responsible??

Parents need a kicking but I guess you cant do that

Ivor

[fungus]

Parents need a kicking but I guess you cant do that

I'd like to.

[TripleS]

Parents need a kicking but I guess you cant do that

I'd like to.

Do you feel you have a good enough case to pursue it through the Small Claims Court? IIRC correctly they deals with disputes where the value of the claim does not exceed £5000, and the costs are very low.

If you don't look like getting a fair result by other means, you might consider that. In your situation I would certainly be looking to do so. I wish you every success.

Best wishes all,
Dave.

[IVORTHE DRIVER]

Hi,

A thought struck me as I was getting into bed last night (bloody big bruise too) if all the damage is to the side of your car and the front area is unmarked what are the boys parents claiming, that you drove in front of him on purpose? Sounds to me like a "lets make some money" type claim to me.

Perhaps you should hit them with a counter claim for damage, trauma (your pupils and yours) and did the police check his bike at the scene for roadworthyness?

Ivor

[fungus]

Hi Ivor, the police did check the bicycle at the scene for roadworthyness, and there were no apparent faults. The bicycle is still lent up against the front wall of their house after almost eight months.

It was apparent after my first letter to the parents that they had no intention of paying, and I think that they knew that it would be difficult for me to recover my losses, a fact that was mentioned by my insurance company when they said that they considered that they would not be able to recover the uninsured losses.

It appears that to take the parents to court I would have to prove that they were negligent. I could take the child to court, and if I won, the court would order that he would have to pay the damages when he reaches the age of sixteen.

The insurance company, (Direct Line), that was acting for the boys parents, have informed me that they are no longer acting for them. I got the impression that they were not replying to the letters that Direct Line were writing, so whether they have nulified the insurance or not I don't know as they would obviously not tell me the reason why.

[zadocbrown]

I think you need to consider whether the parents are now attempting to defraud the insurance company (and also you, indirectly). Given the lengths your insurers are going to, I wonder if they have their suspicions, and whether it may be a personal injury claim, hence higher value and worth fighting hard.

It all sounds highly annoying, and for myself I would certainly be preparing a possible court action. I can say from personal experience that the small claims track seems to be quite efficient in reaching a speedy judgement if the evidence is on your side. Whether it's enforcable is another matter, but if someone is trying it on, the vindication may mean more to you than the money.

More importantly, I would have thought a judgement in your favour ought to protect you and your insurers from further losses - the parents can hardly hold you liable if a court has already ruled to the contrary.

The question is whether you go to court now, or wait and see whether your insurers will be able to fight the spongers off.

[WhoseGeneration]

I might be wrong of course but is there now the possibility that a "No win no fee" lawyer is involved?