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Accident

[Deleted User][Deleted User] Posts: 187
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in Advice #1
My son was involved in an accident tonight, he was on his push bike and this woman was turning right into her driveway and with an open road in front of her and in broad daylight apparently did not see him and as he swerved to avoid her he banged his arm and scratched her car. She called the police and so forth and they informed her that they could do nothing they did say to my son that we may get a letter from her insurers. Now the road that this happened on is an unadopted one which is in a really poor state, full of potholes and gravel. I took my son to the A&E and his arm is just bruised. Now I'm not inclined to start any personal injury claims as I believe it's a case of half a dozen of one and all that but would it really be worth her while to try and make a claim against us, given all the facts and location? I'm none to sure how this all works as I don't drive so any advice would be welcome. Thanks

Comments

  • piamariapiamaria Posts: 536
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    #2
    AdNoctum wrote: »
    I'm none to sure how this all works as I don't drive.

    As a driver of a vehicle she's responsible for making sure the way is clear when making a turn, especially across a pavement (i'm assuming) onto her drive.

    I wouldn't worry, although i'd be angry that she has the cheek to go to her insurers.

    IMO, it's her fault, no question about it.

    And yes i drive! I hope your son is okay and not too shaken up. She should have known exactly what was around her in all directions before making a turn.
  • mikeydddmikeyddd Posts: 11,647
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    #3
    She would have to report the accident to her insurers and the Police as there was an injury. The fact that it was on a private road makes no difference.
  • loppytartloppytart Posts: 986
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    #4
    piamaria wrote: »
    As a driver of a vehicle she's responsible for making sure the way is clear when making a turn, especially across a pavement (i'm assuming) onto her drive.

    I wouldn't worry, although i'd be angry that she has the cheek to go to her insurers.

    IMO, it's her fault, no question about it.

    And yes i drive! I hope your son is okay and not too shaken up. She should have known exactly what was around her in all directions before making a turn.

    Agreed! Your son had right of way, it's her fault.

    Hope he's ok.
  • [Deleted User][Deleted User] Posts: 187
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    #5
    Yeah he's fine, just a little shaken up and has a bruised arm. According to him the woman said she would be paying a visit. I mentioned the fact that it was on a private road and that it was in a poor state because as far as I can tell it the tenants responsibility for the upkeep of the road and the fact that it's potholed and covered in gravel would make it hard for him to use his breaks. However he did fail to indicate that he was going straight on, the main road actually makes a sharp turn left but he decided to go straight. A so called witness said that that she saw the driver indicate however given the fact that her car was around the corner and on the left hand side of the car that my son hit and that another car was in front of her there is no way she could have seen the other cars indicator. Anyway thanks for the info we shall see if anyone visits or if I get a letter from her insurer. As I said don't really want to have to initiate a personal injury claim but if I am pushed I'm gonna push back. On the way back from the A&E I was talking with a taxi driver who said that more than likley her insurers wouldnt press the claim because the accident happened on a private and besides a claim on her insurer would only cost her her no claims bonus and push up her premiums. Is this right?
  • [Deleted User][Deleted User] Posts: 2,146
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    #6
    I believe it is.

    I am both a cyclist and a driver. I always look out for dogs, cats, children cyclists, anything that will potentially end up under my car if I have not seen it.

    I can not understand how she did not see him, I thought everyone looked. Maybe get him some hi visibility stuff or insist he wears a bright bit of clothing so he is more visible to drivers who glance and dont LOOK. This way the police would have thought "how could you miss that glowing object" (Your son) and she will have been reckless or dangerous not to have noticed him. Get him some lights to use all the time, and the hi visability clothing, and he will be safer.

    I am saying that from the point of view of a cyclist. My daughter is 15 and she wears Hi visability gear on her bike, and I do as well in different colours so cars see two of us, and know that she is in front of me.

    I hope he is ok.
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