Accident with a cycle and 13 year olds - julie page

My sister was recently involved in a accident with two 13 year olds on a cycle, one was riding it the other was sat on the handle bars. They were going so fast the bonnet is dented, along with the wing and scraped through to the metal as well as one of the headlight is cracked.

The police who attended blamed the accident on the two lads and CCTV shows the lads riding into my sisters car.

Thankfully the lads were OK and they were apologetic and polite, parents however do not want to know and made it clear they have no intention of paying for any damage

To my surprise the parents are not responsible for damage caused by their children

Accident with a cycle and 13 year olds - Wackyracer

The only thing your sister can do is to claim on her own insurance. I doubt the insurance company will even bother to try and get money from the cyclists parents.

Or pay for the repairs herself.

Not fair I know but, Not much else she can do.

Accident with a cycle and 13 year olds - focussed

The legal postion is not quite as cut and dried as previously posted. The parents are liable if it can be proven that they failed to take reasonable care to see that their children do not cause harm to the property of others.

Get her insurance company to contact the parent's and their house insurance company.

Accident with a cycle and 13 year olds - gordonbennet
To my surprise the parents are not responsible for damage caused by their children

The attitude of the non parents stinks but its as expected, that's the way to bring up the next generation of responsible adults, taught by example....where's the eye rolling anti smiley when you need it.

Presumably your sis will have to claim off her own insurance, but is it not possible to bill the parents for uninsured losses, maybe their home insurnace will cover this damage.

If not i'd still be inclined to get my solicitor to write to them demanding costs even if no chance of result, if for no other reason than to give them something to worry about other than who won X factor.

Accident with a cycle and 13 year olds - Hamsafar

If you have legal cover, get them to claim against the parents of the rider.
Your car is not undrivable, and it will take months buy hey ho.

if you don't have legal cover, use the small claims process via the Court's moneyclaim online website.

Accident with a cycle and 13 year olds - Oli rag

I would hope that "reasonable parents" should think that there should be no cost to you through insurance excess costs caused by their children.

I would have thought that explaining any possible overheads to them,that you might incur, would be covered by them, so although you would have been inconvienienced, you would not be out of pocket.

Accident with a cycle and 13 year olds - julie page

"I would hope that "reasonable parents" should think that there should be no cost to you through insurance excess costs caused by their children.

I would have thought that explaining any possible overheads to them,that you might incur, would be covered by them, so although you would have been inconvienienced, you would not be out of pocket."

Yes I agree but is it the law that is at fault also?

Edited by julie page on 23/11/2014 at 19:45

Accident with a cycle and 13 year olds - Wackyracer

You could try the above suggestions of solicitors letters and money claim online etc. but, It all depends on the type of people and their financial situation.

If they are living on benefits and are the kind of parents that think it is ok for their children to do anything they wish then you won't have much luck with any approach of trying to get the money from them. If you did go the route of small claims court they will either not turn up or will turn up and simply say they can't afford to pay.

Accident with a cycle and 13 year olds - julie page

You could try the above suggestions of solicitors letters and money claim online etc. but, It all depends on the type of people and their financial situation.

If they are living on benefits and are the kind of parents that think it is ok for their children to do anything they wish then you won't have much luck with any approach of trying to get the money from them. If you did go the route of small claims court they will either not turn up or will turn up and simply say they can't afford to pay.

one of the parents apparently live in a huge house with a new Mercedes in the drive.

Yes, sister could go to court, lawyer says it is unlikely the courrt would hold the parents responsible unless they were present or under instruction from them, for example if theyy sent them to the shop, but that be hard to prove.

Could take the boys to court and wait untill they are working.

Edited by julie page on 23/11/2014 at 20:38

Accident with a cycle and 13 year olds - Wackyracer

one of the parents apparently live in a huge house with a new Mercedes in the drive.

Yes, sister could go to court, lawyer says it is unlikely the courrt would hold the parents responsible unless they were present or under instruction from them, for example if theyy sent them to the shop, but that be hard to prove.

Could take the boys to court and wait untill they are working.

So you know the answer from a lawyer!

Your highly unlikely to be able to get any claim on the parents or the boys unless your willing to wait an awful long time.

If you did take the boys to court, You'll likely be told you'll get a pound a week starting in 10 years time.

Accident with a cycle and 13 year olds - Andrew-T

<< one of the parents apparently lives in a huge house with a new Mercedes in the drive. >>

Does this mean the other parent lives somewhere else? Even less likely you will get anywhere, as each will blame the other?

Accident with a cycle and 13 year olds - Chris M

Apologies for a bit of thread drift.

Last Monday I drove up to the City of London. Lots of cyclists about around 6pm, nearly all very well lit and many wearing hi viz. Contrast with the journey home at 11pm when the majority were poorly lit, if at all. Perhaps 50% had no rear lights. I wonder what hassle I'd have had if I'd knocked one off?

Accident with a cycle and 13 year olds - Wackyracer

Apologies for a bit of thread drift.

Last Monday I drove up to the City of London. Lots of cyclists about around 6pm, nearly all very well lit and many wearing hi viz. Contrast with the journey home at 11pm when the majority were poorly lit, if at all. Perhaps 50% had no rear lights. I wonder what hassle I'd have had if I'd knocked one off?

It would have all been your fault and would have been recorded as a cyclist injured by a car. The cyclist's claim would have been paid by your car insurance.

Accident with a cycle and 13 year olds - Bromptonaut

It would have all been your fault and would have been recorded as a cyclist injured by a car. The cyclist's claim would have been paid by your car insurance.

Wacky is right. Riding without lights is idiotic but under urban street lighting at least you've little excuse for running into one. No less visible than a pedestrian.

Accident with a cycle and 13 year olds - RobJP

Amusingly (or not), I came within 20 yards or so of killing a cyclist 2 weeks ago.

Driving home, rural but wide single carriageway road, at about 6 pm. No streetlights, and on a long straight. A few cars coming towards me, we've all got dipped headlights on.

So this string of cars is going past me, all doing 40-50 mph, and I'm doing a similar speed. As I get tothe last couple of cars, something registers as wrong - and even now, I've not sure what. Jam on the brakes. Down to 15-20 mph as the last car passes me, and I put full beam on. Not 20 yards in front of me is a cyclist, dark clothing, no high-vis, no back light, no back reflector, and an incredibly weak front light (I think I might have seen something of the front light, or a car headlight reflecting off the bike frame, and that's what made me wary).

Anyway, I pull ahead of the cyclist, and stop 100 yards further on. Hazards on. Get out, and wave down the cyclist. When he stops and asks what is wrong, I explain to him that he has no back light on. His reply "Oh yeah, the battery died on it yesterday". So I said "Yup, and you nearly died 2 minutes ago. You're completely invisible without a light, reflectors or high vis". So, he pulls off his rucksack, and gets a high-vis bib out, puts it on, and rides off.

Even now, I'm still astounded by the stupidity.

Accident with a cycle and 13 year olds - Chris M

I'm sure Wacky is right. Pedestrians can be hard to spot but they do tend to remain on the pavement most of the time, not weave in and out of traffic or run out of side roads. I also take the point regarding urban street lighting, but that doesn't help when the glare from vehicle headlights make everything else on the road near invisible.

Accident with a cycle and 13 year olds - Bromptonaut

While I speak up for bikes I'n not defending cycling without lights for a minute. It's a stupid thing to do.

Modern LED stuff is very effective and, at least so far as being seen is concerned, doesn't cost the earth. The batteries are small and last well too. Need to pay a bit more for lights to see by - away from urban setting - but those too are now both bright beyond dreams of even a decade ago and efficient on power.

I can remember the Every Readys that needed two heavy D cells and those only lasted a couple of hours.

Accident with a cycle and 13 year olds - Sulphur Man

As a motorist and keen cyclist, decent cycle lights are not that cheap. I've recently invested in a new front light, a Giant Numen Plus which is a 2W LED, USB rechargable and runs for upto 30hrs, depending on what intensity/setting you put it on. Its great, both to see and be seen. But it cost £50. A good rear is £20-30. Not exactly cheap then. A set of cheapie lights starts around £15, battery powered and not so good. There is no QS on bike lights as far as I know.

If someone has picked up a cheapie/free bike 2nd hand, because thats all they can afford, the chances of them springing for some illumination or reflective clothing is low.

I hate, HATE, unlit cyclists riding on the road at night. Its incredibly selfish and ignorant of everyone, be they motorists, cyclists, pedestrians.

Would you buy a new car without wokring lights?.

Every new bike should be sold with a set of lights by law.

Also, high-vis colour doesnt really work at night. It's the reflective bits that matter. Some cheap 'hi-viz' jackets have little reflective panelling. Avoid.

Accident with a cycle and 13 year olds - Wackyracer

Would you buy a new car without wokring lights?.

Every new bike should be sold with a set of lights by law.

I bought a new bike last summer when I was abroad, The bikes were fully loaded with all the optional extra's fitted to them, The salesman looked a bit disappointed when I requested that some of them were removed as I didn't want to pay for the bits that I wouldn't need.

Accident with a cycle and 13 year olds - Bromptonaut

As a motorist and keen cyclist, decent cycle lights are not that cheap.

But what you describe is for out of town use. The original mention of bike lights was in context of riders in City of london where lights are about being seen. Albeit they flash which is a bane for me, the lights on the 'Boris Bikes' are fine for being seen.

There is no QS on bike lights as far as I know.

There is a BritishStandard but it's been hopelessly leapfrogged by LEd's etc.

Also, high-vis colour doesnt really work at night. It's the reflective bits that matter. Some cheap 'hi-viz' jackets have little reflective panelling. Avoid.

Which is one reason I get so mad at the demand for full time hi-viz and helmets pushed by the ignorant. Hi viz, whether orange, pink or green, looks white or beige under most forms of streetlighting. It's no more visible than a fawn raincoat.

Accident with a cycle and 13 year olds - gordonbennet

. Hi viz, whether orange, pink or green, looks white or beige under most forms of streetlighting. It's no more visible than a fawn raincoat.

I cut the reflective strips off an old hi vis and glued 'em to a fence post at the unmarked entrance to a stables in the middle of nowhere we used to use, driving up the road those reflectors did their work from about a quarter mile away.

They are meant to reflect small amounts of light aimed at them, not glow like a beacon under the normal street light.

Accident with a cycle and 13 year olds - Bromptonaut

They are meant to reflect small amounts of light aimed at them, not glow like a beacon under the normal street light.

The reflective strips are great GB, as your example illustrates. But they need to both catch light of long distance beams and offer some contrast. Neither of those conditions are met under urban street lighting but the first question when some m**** mows down a cylist is about helmets and hi-viz.

Accident with a cycle and 13 year olds - Wackyracer

Which is one reason I get so mad at the demand for full time hi-viz and helmets pushed by the ignorant. Hi viz, whether orange, pink or green, looks white or beige under most forms of streetlighting. It's no more visible than a fawn raincoat.

I find that a bit off TBH, You might not agree but, That doesn't make others ignorant because they don't agree with you.

The colour of a Hi Viz vest is not important. As GB points out, It is the reflective tape that is the safety element of wearing one.

www.youtube.com/watch?v=w-r2cgmIsrU

Edited by Wackyracer on 26/11/2014 at 12:53

Accident with a cycle and 13 year olds - Bromptonaut

@Wacky

If you read my comment in the context of the whole sub thread - staring with Sulphur Man's post - you'll see that I agree with you about the reflective tape. The tape however needs something to reflect. A main beam on a country lane picks it out brilliantly. It doesn't catch very much on urban streets where sodium lights and dipped beams or sidelights are the rule. It's no more visible there than the colour that, as you say, is irrelevant

The ignorant comment was aimed at those who won't ride a bike because 'it's too dangerous' but presume to prescribe helmets and hi viz as a panacea for all two wheeled ills. Neither make the top ten of things you can do to improve your safety on an urban bike ride.

Accident with a cycle and 13 year olds - gordonbennet
I can remember the Every Readys that needed two heavy D cells and those only lasted a couple of hours.

Oh yes, a couple of blinking great U2's that cost most of your pocket money, and didn't see the week out.

I don't get the Darwin award crew, a simple LED light or two can be bought for pennies now and half a dozen batteries from the pound shop together with a hi vis and you're thousands of times safer for less than a fiver.

£1m insurance award isn't a lot of good in Heaven, or the other place.

Accident with a cycle and 13 year olds - balleballe

Knock on the door of their parents' house and tell them you are taking their children to court.

You will get aggro, but mention somebody has to acccept responsibility for their actions and since their parents refuse, you have no choice.

Or...pay a kid 20 quid to ride his cycle into the new merc without hurting himself, a nice scrape along the entire side should do it.

Accident with a cycle and 13 year olds - Bromptonaut

Knock on the door of their parents' house and tell them you are taking their children to court.

Suing a kid in a civil court isn't easy. They're not 'competent' parties and wil need a 'litigation friend' to represent them.

Accident with a cycle and 13 year olds - focussed

What I would do in the circumstances is to download the County Court claim form :-

hmctsformfinder.justice.gov.uk/courtfinder/forms/n...f

It can be filled in on screen and printed out, make it look as official as possible on some heavy paper.

Send it registered post to the culprits parents with a covering letter and a copy of the estimate/quote to repair the damage stating that if the damage is not paid for then the claim form will be sent off to the county court to start the claim process within 7 days.

I used this once to extract a refund from a reluctant payer.

Accident with a cycle and 13 year olds - Toyota Red

I'd suggest everyone be thankful that noone was hurt, and move on. There are lots of incidental and unexpected costs to motoring which may be incurred through no fault of the driver, but not all will be recoverable. As annoying as that is, do you wish to start a potentially protracted and acrimonious legal dispute in order to nail a couple of kids for making a mistake?

Either claim on the insurance or source bits on the cheap, depending on the car of course.

Accident with a cycle and 13 year olds - gordonbennet

Can't agree with you there TR, it's not the kids at fault here, it's the way their non parents have washed their collective hands of any responsibility at all.

I probably wouldn't get a penny from these people but i would be prepared to spend a certain amount of legal money to give them something to think about, such as morals and taking repsonsibility as parents for raising the next generation of responsible adults.

Edited by gordonbennet on 26/11/2014 at 11:35

Accident with a cycle and 13 year olds - Trilogy

Some think good cycle lights are not be cheap. They are cheap compared with the possible consequences of not having them.

On a postive note it is good to see so many cyclists, especially in Cambridge, with powerful lights this autumn. Some have more than one one light at each end and lights on themselves.

Accident with a cycle and 13 year olds - carr

Is the answer then that the parents should be legally pursued from the point of view that they must supervise their teenage son's every action at all times?

Well, hasten the day when all the kids are indoors staring at a screen so we can motor on without a care. Meanwhile I'm just grateful that I had the chance to act the complete idiot as a teenager all those years ago without constant nannying.

Accident with a cycle and 13 year olds - Bromptonaut

Recall now that my son damaged a car in his early teens. I'd sent him out on an errand just before we left for a holiday. On returning he managed to gouge the bonnet of a small Suzuki SUV in next street with the 'bull horn' ends of his handlebars. Very upset when he arrived home two minutes later.

Couldn't locate the owner but left details under wiper. Hoped the CTC's third party insurance would pay but the excess on that was a hefty £500, about twice cost of actual repair.

Accident with a cycle and 13 year olds - gordonbennet

And there's the world of difference, Bromp's son (and no surprise he put his hands up) via good example learns that someone, including him, has had to take responsibility for his accident.

Under accidental circumstances most people who have had their things damaged will work with the parents, and the child responsible, to sort things out as best they can, few would jump on the claims bandwagon because they are grateful to be dealing with others with morals.

So long as large bodyshops are avoided things like this can often be sorted out at very reasonable cost.

Life lesson for the youngster? Infinite value.

Accident with a cycle and 13 year olds - Armitage Shanks {p}

If you did go the route of small claims court they will either not turn up or will turn up and simply say they can't afford to pay.

If they don't turn up you will probably get a judgement by default but you will still have a problem geting any money a court has ordered them to pay. I went down this route years ago. Got a judgement by default, no payment, got the bailiffs round and they were going to take the man's TV away 2 days before the World Cup began, payment very quickly forthcoming!