My 6 year old wrecked her bicycle hitting a parked car, now the owner of the car wants to sue..what is the law

Question

My 6 year old daughter was riding her bicycle on the sidewalk outside our apartment complex and wrecked, her bike hit a parked car in which the fender was over the sidewalk. Now the owner of the car wants to sue. The damage was a scratch to the lower bumper and he is now stating that she flew over the top onto the hood and cracked the grill etc. This is a nightmare...she is less than 50 lbs. and was riding at a very slow speed. Someone help!!!

My daughter was riding her bike on the sidewalk and wrecked her bike fell over and scratched the front bumper and she fell away from ther car. Now my neighbor is claiming that she cracked the grill dented the hood and wants to sue me. I took pictures of the minimal damage but am angry because in no way could my daughter weighing less than 50 lbs. crack a grill and her bike is not even big enough to hit the hood of the car. the car was parked over the sidewalk..help...I informed my neighbor of what had happened and offered to pay for buffing for the scratch and now he is claiming more damage that was not caused from my daughter..help

Answer 1

you are on the hook for the bumper,

but you may be able to site his negligence for impeading the sidewalk (a public walkway), this comes into play because your daughter is under 13 and under the law has not reached an age to understand reason.

so you may be able to site a bodily injury claim (very flimsy) because of his negligence to properly park his vehicle.

settle out of court for the cost of the bumper and say goodbye

Answer 2

IDoes the bike still have training wheels? It would be nearly impossible to ride at such a speed at her age to go up onto the car and hood.

f you don't have the pictures to prove he was parked over the sidewalk you probably won't win. Get yourself a lawyer FAST. You may even be able to counter sue him for your attorney fees.

Basically though as the parent you are responsible for the real damage she caused to his car which couldn't be much. But again without pics..you're word against visible damage on his car. Did he give you estimates before filing? He may only have to provide you with one. But what is his insurance co. saying? If he's not insured it may be dismissed automatically because the car is not legally allowed to be on the street..driven or not.

Good luck

Answer 3

Wrecked Bicycle

Answer 4

I agree: tell him to kiss your a$$ and go to court. And by the way - what was his car doing ON THE SIDEWALK?

If he was legally parked, the scratch is your fault. But it's going to be a stretch for a judge to buy that your daughter dented the hood and broke the grille without so much as a bruise...

Answer 5

First of all, take as many pictures as you can. Then take your daughter to the doctor for a complete check-up, explain to the doctor that she had an accident and crashed into a car. If the doctor determines that she is injured in any way, then ask the guy for the name and policy number of his insurance company so that you can file a claim for her doctor's bill. Explain to him that you are going to check into this very thoroughly and see if any of your insurance will pay for the damages. He will probably accept your offer to pay for the minor scratches because he won't want a big investigation.

Answer 6

I do not think a 6 year old is much at all capable of "flying over the top of a car" especially the hood of it. She would have to have gone very fast and seriously have injured herself enough to go to the hospital. I would go to court and unless the person has a viable witness, I would not worry about it. Or offer to pay for the scratch only.

Answer 7

Bottom line, your daughter is 6, you are responsible for her actions. She hit a vehicle and damaged it. You are responsible to make him whole from the damage caused. It doesn't matter how much she weighs or anything else, you need to make him whole. If you feel some damages could not have been caused by your daughter, hire an attorney to negotiate. If the attorney would cost you more than the extra he is wanting, pay him. YOU are responsible. Pay the man.

Answer 8

Hope your little one is OK.

Unfortunately, you are responsible for the damage to the car. Might as well pay up, because they will win in small claims court.

If you have homeowner's or renter's insurance, file a claim with the insurance company if the damages significantly exceed the amount of your deductible.

Went through the exact same scenario with my son when he was 5. Lost in small claims court. Paid the $$$.

Answer 9

You are going to have to hire an attorney. Get a good one so that you can nail the car owner's hide to the wall The attorney will know what kind of investigation needs to be done. An experienced body shop can tell if the damage was caused by your daughter or is pre-existing. If they cannot tell, an accident reconstructionist can.

Answer 10

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