My 10 year old son was riding his motorbike (i know he shouldnt be) on the footpath. When a car started to reverse out of a driveway and hit my son. My son tells me that he saw the car and braked but the car then stopped and he looked to see the driver talking to the owner of the house and so let go of the brake and continued on as he did so the driver of the car reversed and hit him. damage to my son is minimal and damage to the bike is in the middle of the bike. (engine area). The driver of the car came to my house the day after he hit my son and handed me a bill for damage to his car. when i said that i refuse to pay it he intimidated me and threatened me. Who is at fault. Is my son at fault? would it be the same if it was just his push bike? or is the driver of the reversing car at fault? What should i do?
2007-03-13 11:24:18 · 9 answers · asked by icjojo2c 1 in Cars & Transportation ➔ Insurance & Registration
Unwritten aussie law that police will uphold.
Car hits Pushbike,
Car hits Motorbike,
Car hits child,
Car hits padestrian,
Car driver is at fault, can and will be prossicuted.
Get the police involved now, tell them what happened and tell them of his threats against you.
You may get a small fine for your son riding on the foot path but it will be nothing compared to what the police will do to him.
2007-03-16 02:29:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
While your son may be illegally operating, it is the driver's responsibility to make sure he is clear before moving his car (just as your son would have when he started moving) Since your son was already mobile it seems to me the car was at fault since the car hit your son and not the other way around. I would involve the police especially if the driver is threatening u, that's illegal all by itself. Next time, call the police on the spot so they can view the scene and make a determination of who's at fault. Worse case, take it to court and let a judge decide.
2007-03-13 11:36:52 · answer #2 · answered by elk571 3 · 0⤊ 0⤋
hi, dont forget to take pictures of the damages to the car and motorbike. and a police report will be good. and get a statement from the house owner the car driver was talking to in the police report. the car driver should have yield to the kid. get ready for a small claims court battle. tell your kid to just tell the truth. bring the pictures and a police report and the bill to repair the motorbike and for the trauma the car driver created.
2007-03-21 10:53:41 · answer #3 · answered by charlie 5 · 0⤊ 0⤋
The perso reversing the car should be responsible he is supposed to check before backing up if he had hit your son on a bicycle or had he been walking the driver would have to assume full responsibilty as he should if he was backing up and not paying attention that makes him an inattentive driver
and last I checked you get ticketed for that
2007-03-13 14:12:42 · answer #4 · answered by ja man 5 · 0⤊ 0⤋
The reversing car has the greater duty to avoid collision. The car driver appears to be at fault. If you do not have insurance on the bike try your homeowners insurance if you are a homeowner. Do not deal with the driver himself. If you have no insurance on the bike you need to let his insurance company know about the accident and let them investigate. If he is found at fault, they shouild pay you depending on your state's liability laws. Dont be intimidated by the driver. Youi dont owe him anything. Good luck.
2007-03-13 11:31:04 · answer #5 · answered by cinsingl83 3 · 0⤊ 0⤋
Usually (In California anyway) the person backing out is at fault as it is their responsibility to ensure that the way is clear behind them. I'm guessing that it would all depend on which part of the car hit your son. (If the car hit your son or if your son hit the car.) Best of luck.
2007-03-13 11:40:36 · answer #6 · answered by qscii 2 · 0⤊ 0⤋
File a police report, then insurance can get involved. Without the report, it's your 10 year old son's word against the driver's. Also, if he harrasses you or your son again, you can add that to the report.
2007-03-13 12:26:16 · answer #7 · answered by Nate W 5 · 0⤊ 0⤋
Go to the local police and report the accident exactly as it happened. From the sound of it, the person who hit your son should be arrested for failing to report an accident.
2007-03-21 11:24:36 · answer #8 · answered by ha_mer 4 · 0⤊ 0⤋
If he replaced into backing up, he's thoroughly at fault. as well searching in a reflect he must have turned around to look, because only a aspect reflect and the rear view received't practice all parts in the back of you. you'll nevertheless have a blind spot. His Fault.
2016-12-01 23:05:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋