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

[ozarkmom]

Our Honda civic has a dent that looks like a softball might have hit it. There's no scratches just this dent and it will cost $750.00 to fix it.

 

[jan/cape]

Maybe if you mention the words 'restraining order' she will stop comming to your house.

 

[barkley]

the mom may be trying to get to your son to get him to agree to change his story on what happened-she may have already been cited for her child not wearing protective head gear (around her the parent is responsible and the police issue tickets). if she's had any issues with child protective services in the past she may be concerned that if they are alerted they will send an investigator to speak with your ds-she may want to try and 'coach' him before he's interviewed.

i'de let the police know.

 

[freckles and boo]

Don't allow your son to get lured into a conversation with the child's mother about anything- especially fault, responsibility, damages, payments, etc. I would try to get the police to intervene to find out what she really wants. It sounds like she is trying to goad him into making a confession or concession of some sort so she can muddy the waters about who was at fault. Good luck with this.

BTW

I am glad everyone is physically okay. This could have had a very different outcome. Last year my daughter, who was three at the time and is autistic, escaped my grasp and ran in front of a car. Thank God the driver was actually driving the speed limit (20 mph) and was able to stop in time to avoid hitting her.

 

[HOGFAN]

In our case,DS13 was hit by a car a couple of weeks ago. We havent heard from the lady, nor do we expect to. It was nobodys fault. Just happened. Our insurance will pay for his medical expenses and I assume her insurance will cover any damage to her car.

BTW,he just suffered some torn cartilage in his rt. knee, thank God.

 

[chell]

Hope she will leave you alone now. Hopefully the detective can put a stop to it. I can't imagine how shook up your son must be.

 

[MeanLaureen]

Trust me, kids hitting a car on a bike can do over $1000 worth of damage easily, depending on where they hit it.

My mom's car was parked in front of our house and a kid on a bike riding another kid on the handlebars lost control of the bike and plowed into Mom's car. $1200 worth of damage!

Auto Body repair is not cheap and the paint and blend time alone for somewhat minor scratches could run you several hundred dollars easily before any repair is done. (I learned how to do estimating when I was married to my ex who ran a body shop )

Definitely sounds like this lady is up to something. Better watch her.

 

[rigs32]

I was not ticketed and the police officer said that the kid wasn't paying attention but my insurance agent said that because I was driving and there was a child involved no no matter how you slice it it was gonna be my "fault".

There's no law that says the adult is automatically at fault. What the insurance company probably meant is that a lawsuit by the parent would have cost them more in legal fees than the settlement and that way there is zero chance of the jury buying a sob story about the "poor little child".

How many times have people gone to jail for vehicular manslaughter when a child runs into a busy street? How many times for hitting a drunk stumbling into a busy street? Juries are sometimes swayed by emotion rather than facts or law. It was a whole lot cheaper for the company to pay the settlement in the above case. I don't agree with it, but I see their reasoning.

 

[MICKEY88]

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,

 

[Pea-n-Me]

a 6yr old rode her bike down a driveway into the street,behind a van, right into my son's car as he was driving by ,back passenger side door is where she hit.

Wouldn't the fact that the girl hit the door of the car indicate that she came out after the driver would have had a chance to see her/react, depending, of course, on the speed the car was traveling at the time of the accident? I know from my own experience in a recent accident where I was hit (not my fault ) that they often deal with he said/she said, but in "reconstruction" of the accident based on physical evidence, they can usually tell who's at fault. My insurance co was so confident I was not at fault, they went to arbitration, because the (16yo) other driver's mother (who wasn't even there) lied despite the driver admitting fault at the scene, unfortunately no police report (though I know better now). I know it's involving a child, but why should he have to pay anything if he wasn't at fault?

When my brother was little my father drove down the street just in time to see him ride his bike out of the driveway without looking. All these years later, my mother still tells the story of how my father got out of the car, broke the bike with his hands, and didn't let him ride again for a very long time.

My mother got her license late in life, when she was in her 40s. She was a nervous driver to begin with. When she first got her license, something similar to the OP happened to her, the child flew out of his driveway without looking (luckily we were going very slow down a crowded side street). The child went under the car (from the front, I believe) and I still remember my mother freaking out thinking he was dead. He was unhurt, but it terrified my mother, to the point it was years before she would drive again (and I swear there are still ripple effects of that accident, including to myself and my children). That particular family did the same thing, hounded us and made us buy the child a new bike.

 

[budbeerlady]

I wouldnt talk to her. Your son unfortunatly hit her baby and chances are good that the mom doesnt think her dd did anything wrong by riding in the street. My sister in law had the same thing happen 7 yrs ago. The police did eventually have to step in as the mother kept coming over to the house wanting someone to pay for the damage done to her baby and his bike. Police report showed kid was cutting through traffic (4 lanes!!!!!) on his bike and s-in-l wasnt at any fault. I dont know who paid to have her car fixed, I know it was like $1500 estimate.

 

[mickeyboat]

Here's another take with no evil, ulterior motives for the mother. Maybe she wants to settle the damage claim on your son's car without taking it to the insurance company for fear her rates would go up. She could just be wanting a copy of the estimate so she can write a check. This isn't necessarily the way I would go, but I have done it before when I was hit by someone, and it worked.

Denae

 

[LuluLovesDisney]

I wouldnt talk to her. Your son unfortunatly hit her baby and chances are good that the mom doesnt think her dd did anything wrong by riding in the street. My sister in law had the same thing happen 7 yrs ago. The police did eventually have to step in as the mother kept coming over to the house wanting someone to pay for the damage done to her baby and his bike. Police report showed kid was cutting through traffic (4 lanes!!!!!) on his bike and s-in-l wasnt at any fault. I dont know who paid to have her car fixed, I know it was like $1500 estimate.

In this case, the OP's son didn't hit the child- the child actually hit him. She crashed into the back passenger's side of the car. There is absolutely nothing any driver can do to prevent someone from slamming into the side/back of their car.

 

[jaycns]

There is a police report,the police told my son not too worry,it was not his fault, he is so shaken by this and this mother is just so upsetting. The child's mother was outside at the time but obviously not supervising her,she didn't even have a helmet on. I understand her being upset but her actions are kinda scary. I'll have him call the detective tomorrow to let them know this woman is harassing him.

DO NOT even speak to them again. Anything you say they could use against you in court. If the police ruled your son is not at fault, that is the end of the story as to who is responsible for what. She backed into the SIDE of the car...not he hit her with the front (and even then, it's not his fault if a child darts out). The only thing you should do at this point is pass on their information and the police report to your insurance...they might want to go after the family to pay for the repair costs to your car. Your son is not at fault according to the police. DO NOT get into a he said, she said situation with the other family.

I am the over protective mom of three kids BUT in this case, it was the child at fault (or more aptly the parent for not preventing it) but it was an accident. Accidents to happen and I am not judging the other parent or the little girl. Call the officer who took your report and ask him what you should do about the calls. If she doesn't stop, get a restraining order. I am not kiddding. I get it that her little one was hurt...but if she was trying to get my son to "do something" she would have heck to reckon with to get to him through me (in the set of circumstances where the police clearly stated the blame was not his and the incident was like this where my son was not even partially responsible).

 

[KirstenB]

What a complete tool she is. He probably shouldn't say anything to her. But, I'd shoot off my mouth and say, "Did you just ask me what i'm going to do? I guess I'm going to call YOUR insurance, since they'll be paying for my car."

A boy somewhere around 10-12 yrs old hit our Civic several years ago. Same thing, he came flying out of his driveway. He hit the passenger side rear panel. I was so scared he was hurt, but nope he was fine. He said his parents weren't home. Eventually we just drove home. There wasn't enough damage to worry about, so we didn't pursue it any further.

 

[Disney Doll]

Here's how I would handle this.

The child actually rode into your son's car, since she hit the back passenger door.

The mother may or may not like that fact, but that is the fact. It can corroborated by the damage. Make sure you have decriptions and pictures of the damage.

Make sure you have a copy of the police report.

Make sure your insurance company has a copy of the police report, and is aware that the mother has been calling.

Make sure the investigating officer is aware that the mother has been calling.

If the mother calls again, I would have your son say this, and no more, "My insurance company's name is XYZ and Miss Smith is handling the claim. She can be reached at 123-456-7890. Please do not contact me again". He has given her the informations she needs, and he has made it clear that she is not to contact him again. If she does contact him again, after he has told her not to, it is now harrassment and can be reported to the police as such.

This has bad news written all over it, so make sure your son protects himself.

 

[golfgal]

Here's another take with no evil, ulterior motives for the mother. Maybe she wants to settle the damage claim on your son's car without taking it to the insurance company for fear her rates would go up. She could just be wanting a copy of the estimate so she can write a check. This isn't necessarily the way I would go, but I have done it before when I was hit by someone, and it worked.

Denae

I could be wrong, but I don't think this kind of accident will effect your rates.

 

[MushyMushy]

Everyone's giving good advice, but I just want to add to not throw anything away pertaining to this for a few years (until the statute of limitations is up!). Keep photos, names, photocopies, everything!

My dad was involved in an accident and the woman came back a few years later to sue him. My parents didn't keep very good records, but luckily the insurance company is on top of it.

 

[TIGGER'SFRIEND]

Thank you guys for all your responses. My son reported this to his insuance company and explained that she was harassing him,he is 21 by the way. He has a copy of the police report which states that the bicyclist rode into his car. The woman has not made any contact today with him or us and we have informed DS and my other children to call the police if she does show up. She wants the medical bills paid & the bike replaced & who knows what else.. We'll let the insurance company deal with it from here on. His car has damage on the rear door & quarter panel---my husband is in that business and it does amount to about $1000. We'll just have too see what the outcome will be, I'm just glad that the little girl was not seriously hurt--Thanks for letting me vent.

 

[twojo21]

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.