Am I liable - Advise need

[joemay]

I have a situation where my 9 year old was at a friends house. He went on his friends sisters bike in a residential area. He crashed into a car, which I thought was parked. But it transpires that the car was actually moving. The guy driving the car parked up on the pavement called the police then proceeded to walk his dog home. I am absolutely furious as apparently the wife was extremely abusive to my son, who I might add was in a state of shock, the police arrived before I did, (fortunately my sons friends mother was there) but they interviewed my son without one of his parents being there. By the time I arrived, which was only approximately 5-7 minutes after police arrived I was informed that my son had hit the car and caused damage, they only took witness statements from the driver & his wife, didn't take any statements from the other 4 children who had all witnessed the accident.

 

Police had spoken to me as if my son was completely in the wrong and I took there word for it (what an idiot!!), after speaking with the boys I don't believe my son is totally to blame.

 

I have received a letter from this couples insurance company claiming £1,000:shock:. I have informed the insurance company that IMHO my son's isn't totally liable - they are suggesting I make an offer - can you or anyone else advise me please - cos as things stand I don't really have a bean to offer them. And should I be offering them anything in the first place??

 

Oh sorry one other point, the police officer informed me that the couple were probably looking for their excess amount of £400, so why are the insurance company trying to get £1k out of me.

 

What I need to know is would they be able to take me to court for this, as I don't want it to go that far, and if it did would I be in a position to defend and win this, considering that there were no other 'adults' other than the driver and his wife. And the police took it that my son was at fault, my son was so shocked by the whole incident and the wifes agressive behaviour to him, he would have pleaed guilty to anything.

 

If there is anyone with any legal or insurance knowledge of this I'd be grateful for adivse or what I should do, as the insurance company are awaiting a response from me.

[Guest Old_andrew2018]

I have a situation where my 9 year old was at a friends house. He went on his friends sisters bike in a residential area. He crashed into a car, which I thought was parked. But it transpires that the car was actually moving. The guy driving the car parked up on the pavement called the police then proceeded to walk his dog home. I am absolutely furious as apparently the wife was extremely abusive to my son, who I might add was in a state of shock, the police arrived before I did, (fortunately my sons friends mother was there) but they interviewed my son without one of his parents being there. By the time I arrived, which was only approximately 5-7 minutes after police arrived I was informed that my son had hit the car and caused damage, they only took witness statements from the driver & his wife, didn't take any statements from the other 4 children who had all witnessed the accident.

 

Police had spoken to me as if my son was completely in the wrong and I took there word for it (what an idiot!!), after speaking with the boys I don't believe my son is totally to blame.

Do you contend that the car hit your son, or could the collision be avoided if the car driver took evasive action.

 

I have received a letter from this couples insurance company claiming £1,000:shock:. I have informed the insurance company that IMHO my son's isn't totally liable - they are suggesting I make an offer - can you or anyone else advise me please - cos as things stand I don't really have a bean to offer them. And should I be offering them anything in the first place??

 

Oh sorry one other point, the police officer informed me that the couple were probably looking for their excess amount of £400, so why are the insurance company trying to get £1k out of me.

They are trying to get the full amount from you this is not unusual, as they consider your son caused the accident.

What I need to know is would they be able to take me to court for this, as I don't want it to go that far, and if it did would I be in a position to defend and win this, considering that there were no other 'adults' other than the driver and his wife. Yes they can sue you as you and your wife are responsible for supervision of your son. And the police took it that my son was at fault, my son was so shocked by the whole incident and the wifes agressive behaviour to him, he would have pleaed guilty to anything.

 

If there is anyone with any legal or insurance knowledge of this I'd be grateful for adivse or what I should do, as the insurance company are awaiting a response from me.

 

There are presidents, I am aware of a case reported in the West midlands were a child suffered a broken are after stepping into the road, the driver sued the parents for the excess and was successful.

 

Andy