Anyone with a legal mind over a RTA?

[Prez]

Long story short, last week my girlfriend hit a 13 year old boy who run out in front of her, causing damage to the wing mirror and door. (approx £500). The boy has bruising but is ok. Managed to contact the parents, but are refusing to pay for it citing they have no money. (they live in a nice property)

Does anyone know if legally they are obliged to pay or not? Any info would be appreciated.

Many thanks.

[Dagenham Rover]

Don't know but if you have dash cam footage proving it wasn't her fault maybe go via the small claims court

[rich1471]

Take photos of the car,get 3 quotes,did you contact the police ,did the lad and his parents admit he was in the wrong,like above small claims court is a good option and best bet

[BobG]

Do you know anybody in the insurance world you could have a private word with? Not your gf's insurer though cos they'll likely stick her with an accident and a NCB penalty. It's  always risky when a child is involved  because folk automatically favour the youngster.

What's  the age at which a child is deemed to be responsible? I can't remember right now? 13 is in my head but I can't back it up. It's the most important question of all though for your gf.

BobG

[Prez]

Thanks guys. No dash cam footage im afraid. The child was chased into the road by another child. The parents have informed us that they sat the boy down and lectured him about road safety. To me thats an acceptance he was in the wrong. Just seems a bit of a grey area if there is any liability. Possibly not.

[phil old leake]

A child can be criminally responsible from the age of 10. This isn’t criminal

[Sprotyrover]

Your GF is lucky the kid wasn't seriously injured, she could take the matter to small claims court but I doubt she would get a favourable judgement in the circumstances, by the way did she report it to the Police?

[Prez]

Your GF is lucky the kid wasn't seriously injured, she could take the matter to small claims court but I doubt she would get a favourable judgement in the circumstances, by the way did she report it to the Police?

Yes straight away, and informed the school and put it on social media as at the time she didnt know who the child was. She wasnt speeding or doing anything wrong, the child simply ran out from behind a parked van.

[Sprotyrover]

If the parents won't pay up its small claims court, in the meantime your GF has to foot the repair bill and hope she wins! Has she checked her insurance sometimes you are allowed a claim if you were not at fault usually one every 12 months depending on the company.

[drfchound]

That is right mate, if you have protected no claims bonus.
The trouble is though that when you next apply for an insurance quote you often get asked whether you have had an accident, no fault or otherwise.
If you answer yes it always adds a bit to the premium.

[rich1471]

Or tell the insurance company it was parked and someone did a hit and run at night

[Muttley]

I handle RTAs for a fleet of nearly 1000 HGVs so got a bit of experience, although thankfully (& touch wood) we have very few incidents involving pedestrians.

Firstly, under the Highway Code you are obliged to drive at a speed that will allow you to stop well within the distance you can see to be clear and also adjust your speed to account for local conditions eg parked cars, if there is a school on the road so it could be expected that a child may run out.

The new Highway Code rules are weighted towards more vulnerable road users so unlikely you would be successful in a legal challenge on who is liable.

If it was me, I'd take it on the chin and be thankful it wasn't any worse. Harsh I know, but that is unfortunately the world we live in.

Has your girlfriend spoken to her insurer?

[Prez]

I handle RTAs for a fleet of nearly 1000 HGVs so got a bit of experience, although thankfully (& touch wood) we have very few incidents involving pedestrians.

Firstly, under the Highway Code you are obliged to drive at a speed that will allow you to stop well within the distance you can see to be clear and also adjust your speed to account for local conditions eg parked cars, if there is a school on the road so it could be expected that a child may run out.

The new Highway Code rules are weighted towards more vulnerable road users so unlikely you would be successful in a legal challenge on who is liable.

If it was me, I'd take it on the chin and be thankful it wasn't any worse. Harsh I know, but that is unfortunately the world we live in.

Has your girlfriend spoken to her insurer?

No she hasnt. Im guessing by law she has to notify them?

The boys parents still not budging, so guess we will have to take on the chin. Thanks though to everyone for their input.

[rich1471]

If you call your insurance it should be covered ,I did not know until a few years ago you also have up to 3 years to make a claim after you have an accident to your insurance company ,even if you move on the old company are still have liability to pay the claim

[phil old leake]

My advice from personal experience is not to tell your insurer unless you intend claiming
A few years ago I was playing 5 a side in a local gym and my car was parked outside in the car park in a designated place. I’d been playing about 10 minutes when  a lady came in and asked who owned a car described like mine. I went outside and she had totalled one of the front wings. I knew her and she said she would pay
I notified my insurance making it clear I wasn’t claiming.  The car was repaired and no claim made.  She paid up
I insured my car the following year. One of the question “have you had any accidents”. I said no because I hadn’t as I was not in my car and it was in a car park

About 6 weeks later I was called and told they were upping my insurance because I had had a non blame incident. I went off my trolley told them to shove their policy and was told that there would be a 3 month pay up fee and admin fees. It worked out nearly as much as my policy.
Be very careful what you tell them