My daughter has accidently scratched someones car as she came off her bike ysterday. I was just glad she wasnt hurt but he is saying we are liable for paying the excess on his car insurance. Is that right as she is only 12?!
2007-02-21 07:14:07 · 14 answers · asked by whyfluffywhy? 2 in Cars & Transportation ➔ Insurance & Registration
Do NOT pay anything without getting some possible legal advice first
2007-02-21 17:37:19 · answer #1 · answered by WelshLad 7 · 0⤊ 0⤋
A twelve year old should not be held liable BUT I think it's time that cyclist were taxed and insured, they use the roads the same as a person in a car and you certainly have to be up to date as a driver so why not road using cyclist. Maybe under 16s can use their parents insurance. Saying all this the car that was damaged needs paying for and it wasn't the owners fault.......
2007-02-21 07:24:55 · answer #2 · answered by sammycinnamon 2 · 0⤊ 0⤋
Age has no bearing on this. You are liable if your daughter wasn't using common bicycle laws and crashed into someone's car,the damage is there and real. Paint jobs aren't cheap either. I knew of someone who hit someone's car while drunk and received a DUI and all the regular fines that go with it. My own car was bumped in a parking lot,knocked out of gear,e brake failed,rolled down a hill and sideswiped a car. I was held liable for the damage to the car because of my emergency brake failure and I didn't have my tires turned like they say to do on hills. The car that bumped mine got away and they didn't get his plate numbers. The security camera picked up what happened. So,as you can see, insurance is important to have no matter the situation.
2007-02-21 14:09:45 · answer #3 · answered by fisherwoman 6 · 0⤊ 0⤋
Yes. Your homeowners' insurance might cover this. You can check into your state's position regarding the age of reason. If she is under the age of reason for a child as a pedestrian or cyclist, you might have a defense against any claims. But 12 is usually considered an age where kids understand the consequences of their actions. If she herself had an accident and that caused the damage though, I wouldn't pay it if at all possible.
2007-02-21 22:58:45 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
Really, Time to move.
His deductible is probably 500-1000 bucks. I am shocked if the damage is over 500.
In all reality You as the parent are responsible for your children's actions. My brother had a child rake down the car and it ran 450 to have it repaired. The parents of the kid were his long time neighbors, he paid for the repair as it was his car, then the neighbor found that out and wanting to be the good neighbor paid for the damage. was it parked on the street then it is a risk they take. ...
That is a funny situation, you might ask your homeowners insurance guy this question as I would think this would fall under uninsured motorist or comprehensive. which is usually 1 to 2 hundred bucks.
2007-02-21 07:25:34 · answer #5 · answered by Uncle Red 6 · 1⤊ 0⤋
That sort of thing may be covered by your home insurance policy. For a scratch though, you'd be better off just giving the guy $100. Depending on the car and the extent of the scratch, it could cost a couple hundred to fix a simple scratch. Of course some rubbing compound could take it right out...
Good luck.
2007-02-21 07:21:35 · answer #6 · answered by Wil T 3 · 1⤊ 1⤋
Their insurance will pay, but there is always a deductible. Why should a car owner have to pay out of his pocket when he knows who damaged his car? What if his kid ran a bike into your car, would you happily pay? It would be a poor lesson in responsibility if you didn't pay for this and let your daughter see the responsible thing being done.
2007-02-21 13:26:29 · answer #7 · answered by Fred C 7 · 2⤊ 0⤋
It is the insurance company that can make an attempt to recover a loss However they would not make any attempt to recover the excess. Its a civil claim I can see the other guy point of view but fhit happens. I hope shes OK it happen to me I hated the car anyway and wish he was driving a stream roller. Keep it prospective its plastic and metal
2007-02-21 07:23:46 · answer #8 · answered by froggerty 3 · 0⤊ 0⤋
It depends on the level of damage. Nowadays a few scuffs and scratches are normal wear and tear on a car. Your daughter could of course try suing the car owner for mental distress, and in today's anti motorist climate have a good chance of winning.
2007-02-21 22:04:17 · answer #9 · answered by The original Peter G 7 · 0⤊ 0⤋
Yes, and she does not have to have collision insurance, not would it help. Collision insurance covers damage to the insured vehicle in a collision. Damage to a bicycle owned by a third person is part of the "property damage" portion of the "liability" insurance required to register or drive a car. Most states require at least $10,000 of this coverage. Cuts and grazing are covered by the "bodily injury" portion of the "liability" insurance required to register or drive a car. Most states require at least $25,000 of this coverage.
2016-05-24 03:36:16 · answer #10 · answered by Danielle 4 · 0⤊ 0⤋
you would have to come to some agreement. if its not settled the owner of the car could call the police and its classed as criminal damage!!
if the excess is cheaper than paying for the repairs than pay that as its his policy that will go up !!
and u will have the last laugh
2007-02-22 03:57:35 · answer #11 · answered by GARETH C 1 · 0⤊ 0⤋