What would you do---accident (update #39,pg 3)

[Honu]

She wants the medical bills paid & the bike replaced & who knows what else.

Now that would just burn me up if they paid it. I'd be insisting my insurance company attempt to recoup the damages for the car repairs from her. I still can't believe she came over to your house at 10:30 at night.

 

[MushyMushy]

get a police report. as of now you have no proof/documentation of what happened from a legal/insurance stand point. also contact your insurance co.

Oh, and another thing! Definitely keep hold of the police report. We were in an accident a very long time ago that wasn't our fault. We went to change insurance companies and the records showed that we were at fault in the accident and we had to jump through all sorts of hoops to get it straightened out. I wish we would have kept hold of our police report.

 

[christineann]

Keep detailed notes NOW of everything that has been said with dates and times, names of witnesses. Take photos of the car and of the location of the accident. If she decides to file suit (often happens right before the statute of limitations runs), you will need all of this.

I don't know the insurance laws in your state, but in SC the insurance company hires an attorney to protect its interest/you. They will hire a good, experienced insurance defense attorney.

Good luck to you and your son. I am amazed by the suits that are filed by at fault parties. Hopefully, she will give up and keep an eye on her child from now on!

 

[luvpoohbear]

Am I missing something here? I mean, maybe I am just confused.

The little girl hit your son's car in the back passenger door, proving he probably never even saw her coming, thankfully she was not hurt, nor your son, the bike is damaged, the car is damaged and this woman is expecting WHAT from your son?!?!?

An apology? To pay for medical expenses? To replace the bike?

How is he liable for any of this? Better yet, how is his insurance liable for any of this, except maybe the damage to the car. I would be very upset if the insurance company pays for the medical or replaces the bike. If anything, your son's insurance should go after the little girl's mom's insurance to pay for the damage.

I agree with everyone, tell your son to keep everything pertaining to this, and write down the incident word for word just like he remembers it so he will have a backup in case it ever comes up again in the future.

 

[mamajoan]

I'll let everyone else debate the way to handle the woman...

thought I'd share an idea on fixing your sons car inexpensively..is he handy with tools....

check your area for a salvage yard...especially one where you pull your own parts..


a few weeks ago, our teenage neighbor girl backed out of the garage and hit my wifes ford escort with her SUV, drivers door needed replaced and rear door on drivers side was also dented and scratched... our neighbor immediately gave us his insurance info, told us to get an estimate and he would take care of it..

I looked at the damage when I got home from work, called my neighbor and told him not to contact his insurance company, didn't see the need to risk higher rates especially since a teen driver was involved,

I went to a local salvage yard, found a similar car {same year and color.}..that had the 2 doors I needed, with a little sweat{ removing the doors in the hot sun & pulling them across the yard in a wagon} and a total of 70 dollars{yep 35 per door} spent I returned home with 2 replacement doors,

I then told my neighbor not to worry about it, suggested we let it be a lesson to his daughter that neighbors help each other out..

after 2 hours of labor and sweat this past Saturday with help from my 17 year old.. the doors have been replaced,

YOU ARE A GOOD PERSON!!! Want to be my neighbor?

Thank you for being a decent, kind human!!

 

[Lorix2]

Didn't read all the responses but I had the same thing happen, only my son did the damage.

My 5 y/o ran into an illegally parked car. He was riding so fast he stuffed the bike's tire under the car where when he fell off of it, the bike stayed up wedged there. This a dead end corner one house over from me.

My son bruised his ribs, had fat lip and small scrapes.

I immediately told the guy I would pay for any damage, surprising enough, only a small dent where my son's helmet hit the back of the trunk door. I paid for all medical bills.

I told him to get me estimates and such. That was in Sept and didn't hear from him again until December where he demanded money without proof of estimates or he'd take me to court. It told him to provide proof and never did. Next thing I know I being taken to small claims for $1500.00 + court fees. In the meantime, he was in this neighborhood every day at my neighbors and never brought any paperwork to me, it was his responsibility to provide me with this. I took pix of his car and had witness statements as to where he was parked, etc...you have to be so many feet from a corner, etc..

We went to small claims and I won the case because he could not prove that I was negligent in any way. When the judge asked why he didn't provide me with proof, he said "I've been busy"..uh..for 4 months?? He also lied and said it happened in at the end of Oct and my ER bill was dated in Sept.

In you're case, the mother would have to prove that that you're son was negligent and by what you've said, it doesn't sound as though he was. It was the child's fault.

P.S. I was willing to pay until: A) he would not provide proof of estimate and B) he sold the car right before the court date and ever had the small dent repaired.

Take pictures of the damage, the street itself, the driveway, anything to back up you're story, try to see if there were any witnesses, etc..

Good luck.

Make no mistake that I know my son did damage, but because of the way this guy handled everything, he lost out by his own doing.

 

[ducklite]

Now that would just burn me up if they paid it. I'd be insisting my insurance company attempt to recoup the damages for the car repairs from her. I still can't believe she came over to your house at 10:30 at night.

You could actually take her to small claims court for the damages, you will win.

Although the car has to give the right of way to the bicycle or pedestrian, that's only when they are following the rules of the road. The child illegally rode out of control into the road without making sure it was clear, she was absolutely in the wrong, and the parents are absolutely liable.

Anne

 

[Miss Inga Depointe]

Just let the insurance companies work it out and try to ignore her best you can. That's what you pay your premiums for, that's what they are supposed to do.

You are probably feeling a little guilty, even though you shouldn't, since a child was involved (thinking about what "might" have happened). Try to stop thinking about this and let your insurance company do their job.

 

[ducklite]

Just let the insurance companies work it out and try to ignore her best you can. That's what you pay your premiums for, that's what they are supposed to do.

You are probably feeling a little guilty, even though you shouldn't, since a child was involved (thinking about what "might" have happened). Try to stop thinking about this and let your insurance company do their job.

Exactly. This is a business transaction as much as opening a bank account. You need to not be emotional and handle it as a business transaction.

The woman does sound a bit kooky. I would flat out refuse to talk to her anymore, give her the number for your insurance (who will not pay her a dime because it wasn't your DS's fault!) and tell her if she calls or comes to your house again you'll consider it harrassment and have her "assume" yarded off to jail.

I handle the insurance claims for the company I work for, and you wouldn't believe the files on my desk right now--including a whack job that backed into our delivery truck that was legally stopped, and totalled her car. Our insurance didn't pay her because it wasn't our fault, so she filed against our driver in small claims court. Our insurance is also providing a lawyer to defend our driver, and they've also got the tapes of her statement to the claimes adjuster, in which she contradicts herself and changes her story three times. And there's an independent witness who corroborates our drivers story. People are just nuts, and they'll try anything to make a buck.

Anne

 

[momrek06]

Just let the insurance companies work it out and try to ignore her best you can. That's what you pay your premiums for, that's what they are supposed to do.

You are probably feeling a little guilty, even though you shouldn't, since a child was involved (thinking about what "might" have happened). Try to stop thinking about this and let your insurance company do their job.

! Perfect advice. Also, OP, my DS was in a car accident last year and was hit from BEHIND. Not his fault. What bothered me was the person who hit DS, that person's Insurance Co KEPT CALLING MY DS. They wanted to ask him questions. He was 23yo and working full-time so he was never home to take any calls BUT I continued to tell them to CALL OUR INSURANCE MAN. "Please stop calling here, you have our insurance data call them"!!! Then I called DS' Insurance Agent and told them and all of a sudden the calls STOPPED!
Just tell ANYONE at all that calls to call YOUR Agent. PERIOD!

ALSO, one more thing...has it been NOTED that this little girl was NOT wearing a helmet? Hmmm....I think that should go towards parent neglect (or something)..not sure..BUT I feel it should be noted somewhere, police report or insurance paperwork....!!!!

With all her "harassing" I am leaning towards the mother already KNOWS her DD was/is AT FAULT.

 

[TIGGER'SFRIEND]

Just let the insurance companies work it out and try to ignore her best you can. That's what you pay your premiums for, that's what they are supposed to do.

You are probably feeling a little guilty, even though you shouldn't, since a child was involved (thinking about what "might" have happened). Try to stop thinking about this and let your insurance company do their job.

It is in the hands of the insurance company now,and your right it is the thought of a little girl being involved that is most bothersome. She has so far ceased to bother us since the Sunday 10:30 encounter,maybe she has come to her senses or someone talked some sense to her.

 

[Disney Doll]

! Perfect advice. Also, OP, my DS was in a car accident last year and was hit from BEHIND. Not his fault. What bothered me was the person who hit DS, that person's Insurance Co KEPT CALLING MY DS. They wanted to ask him questions. He was 23yo and working full-time so he was never home to take any calls BUT I continued to tell them to CALL OUR INSURANCE MAN. "Please stop calling here, you have our insurance data call them"!!! Then I called DS' Insurance Agent and told them and all of a sudden the calls STOPPED!
Just tell ANYONE at all that calls to call YOUR Agent. PERIOD!

A similar thing happened to me when I was in my early 20's.

A man, who had had too much to drink, ran a red light and hit me while I was driving my father's 9 month old Oldsmobile.

I called the police, called my father, did everything right. The other driver was given a ticket for running the light. This was back in the days when DWI was as much of an issue as it is now, so he got nothing for that.

Anyhow, his insurnace company starts calling my house, asking me to explain the accident. OK, I explained it to one person. The next day I get another call and explain it again to a different person. This second person asks me if I was wearing my glasses, because it is noted that my license says I need glasses to drive. Of course, I was, because I literally cannot see a thing without glasses. The next day, another person calls, and asks me the same kinds of questions. I finally tell this 3rd person that I am getting pretty sick of answering their questions, and why are they continually calling me to get info instead of calling the person they insure? Oh...he won't call them back. So I told them that I thought that pretty much said it all as far as who was at fault and not to bother me again. I gave them the name and # of the person at my insurance company who was handling the case and told them to contact him with any further inquiries. 2 weeks later I got a check for the entire amount, including deductible, to fix the car.

As an interesting aside, about 2 years later I took care of the man that hit me. He was dying of liver cirrhosis.