The son is 11.
In that case, thank god he took evasive action!!
The son is 11.
So I just had a call from the police, "Hello Mr Direction, nothing to worry about but do you still own a silver Golf, only a member of the public has just called and it seems as if the handbrake has failed and your car has rolled into theirs"
I looked out the window and a taxi driver up my road couldn't pull out of his parking spot because his car was stopping mine from rolling forward (down hill).
Never met him but nice bloke, no damage to his car, cracked my number plate though ffs, could've been worse!
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Unless you pull out in front of someone at a roundabout of course
If the car was (partly) parked on the pavement leaving little room for a child to cycle through the gap surely the car owner would be (partially) liable.
In my experience regardless of how or where a car was parked makes almost no difference in law. If the car was stationary with nobody in it, the person causing the damage by whatever maneuver they were doing, has caused the damage and would be the liable party.
So I just had a call from the police, "Hello Mr Direction, nothing to worry about but do you still own a silver Golf, only a member of the public has just called and it seems as if the handbrake has failed and your car has rolled into theirs"
I looked out the window and a taxi driver up my road couldn't pull out of his parking spot because his car was stopping mine from rolling forward (down hill).
Never met him but nice bloke, no damage to his car, cracked my number plate though ffs, could've been worse!
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So if a vehicle is parked on a road at night outside of a 30mph limit where there are no street lights, and the vehicle has no parking lights illuminated and someone drives into the back of the vehicle, who is liable.
Likewise if a vehicle is parked just after the brow of a hill and therefore can not be seen by approaching vehicles, parked within 10 metres of a junction........
In my experience regardless of how or where a car was parked makes almost no difference in law. If the car was stationary with nobody in it, the person causing the damage by whatever maneuver they were doing, has caused the damage and would be the liable party.
In my experience anyone maneuvering is the party that needs to take due care. The fact in your example that there are no street lights or hazards over the brow of a hill, it would be down to the driver (or machine) operating the moving vehicle to take care and not cause any damage.
Harry Wilson's tackle Can it ever be the fault of the driver whose car is hit side on? No I didn't think so.[/QUOTE said:Unless you pull out in front of someone at a roundabout of course
Or pulling out of a side road (heading straight across) into the path of oncoming traffic.
There are many reasons.
Depends on the circumstances. If the child was at the time being supervised by an adult there is a possibility and also if the child should have been supervised by an adult so depends on the age.
Also, a 16 year old can ride a moped. Are you saying that a 16 year old causing damage whilst riding a moped is free from any claim?
That said, if I was the OP, he might consider going down the route of saying his son swerved to avoid another oncoming car and that is why he hit the car and therefore not his fault. So, depending on the age of the son (for all we know he could be 18 and therefore not a minor!) and the assumption he didn't need supervising, advise him to refer it to his insurers on the basis, as you say, they won't sue a minor.
A few days ago, my son bumped into a car with his bike. He made a few minor dent/scratches just below the wing mirror, as shown in this picture.
View attachment 132640
I'm an honest guy, so I left a message on the windscreen for the owner to contact me and I'd pay for any repair.
He did so, and it all seemed to be reasonable and grown-up.
He's now got back to me and said he's been quoted £735 plus VAT (so £882 in total). He also wants reimbursing for having to take three half days off work (and drive 180 miles in total) in order to go to an approved dealer for the quote, the drop off and the collection.
My questions to the great and good of NSC are:
1) I don't think that I should pay for his time off work and mileage. Do you agree?
2) Is £882 a reasonable price for this? It seems a hell of a lot for a few minor scratches, and his car is only an old Kia – it's not like it's a Ferrari or something.
3) Would it be unreasonable for me to ask if his insurance would help here – if I pay the excess, and so long as he has his no claims protected?
So I just had a call from the police, "Hello Mr Direction, nothing to worry about but do you still own a silver Golf, only a member of the public has just called and it seems as if the handbrake has failed and your car has rolled into theirs"
I looked out the window and a taxi driver up my road couldn't pull out of his parking spot because his car was stopping mine from rolling forward (down hill).
Never met him but nice bloke, no damage to his car, cracked my number plate though ffs, could've been worse!
Sent from my SM-A600FN using Tapatalk
Or pulling out of a side road (heading straight across) into the path of oncoming traffic.
There are many reasons.
According to the law cars shouldn't be parked on the pavement?? Surely if the car was parked illegally and caused the pavement for pedestrians to be smaller than it would usually be there is some liability and fault with the car owner?
The law on parking on pavements is enshrined in the Highway Code and covers all road vehicles. Rule 244 of the Code states: "You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it." Roadside signs are key here, including ones in London.
Update (just in case anyone gives a shit!).
I got two prices, one from a company looking at photos, the other when I persuaded the guy to take the car to a garage.
These quotes were £300 and £480 respectively, compared to his original request for £882 plus expenses.
While I could play hardball and say I'll only pay for the lowest quote, I'm minded to say the middle price is ok and I'll pay that (but no more, including his 'expenses'). Partially because the £300 quote could always rise when the company actually see the car, and secondly because he did take the trouble to take the car to the £480 garage.
Agree?
Update (just in case anyone gives a shit!).
I got two prices, one from a company looking at photos, the other when I persuaded the guy to take the car to a garage.
These quotes were £300 and £480 respectively, compared to his original request for £882 plus expenses.
While I could play hardball and say I'll only pay for the lowest quote, I'm minded to say the middle price is ok and I'll pay that (but no more, including his 'expenses'). Partially because the £300 quote could always rise when the company actually see the car, and secondly because he did take the trouble to take the car to the £480 garage.
Agree?