Beddy Posted December 4, 2012 Share Posted December 4, 2012 My 8yr old son was playing with a neighbours child when he placed his scooter on the grass next to their drive then joined his friend to play in their back garden. The mother drove out of her drive and clipped the scooter resulting in it going underneath the car and flipping out scratching the paintwork and dinting the front end .She also claims it could have caused damaged underneath her car. My response was that she was lucky it wasn’t a child that she had ran over and that our insurance wont cover for that damage .She informed me that she was fully comp but doesn’t want to make a claim as it bumps up her insurance. I hate conflict and have not been in Australia long so took the easy way out and said I will send my husband down to see her when he gets back during the week to look at it. I've spoke to my husband and he says he isn't going to pay for it as the scooter was stationary and it was her responsibility as the driver of a vehicle to check clearance but I'm worried because this woman is known to be volatile and has had rifts with other neighbours over kids. Any advice would be most appreciated thanks Link to comment Share on other sites More sharing options...
Ronan20 Posted December 4, 2012 Share Posted December 4, 2012 Your husband is right. It is her responsibility to pay due care & attention, she did neither. She is in fact blaming your child for her mistake. As your child was playing with her son on the woman's property, she was responsible. You could actually chase her for the damage to the scooter, as she did drive over it Link to comment Share on other sites More sharing options...
Freckleface Posted December 4, 2012 Share Posted December 4, 2012 I don't think you should have to pay for the damage. However, in your position I would be considering the potential impact on my sons friendship group if she stops her son playing with yours. Does he have other friends etc? If there would be no undesirable consequences for my son I would refuse to pay. If it might rebound on my son (and I had the money) I would pay. Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2012 Share Posted December 4, 2012 Your husband is right. It is her responsibility to pay due care & attention, she did neither. She is in fact blaming your child for her mistake. As your child was playing with her son on the woman's property, she was responsible. You could actually chase her for the damage to the scooter, as she did drive over it IF your child was left in her care I totally agree with this. She should be paying for the damage to the scooter. Even if not, and the kids are old enough to be playing on their own, she should have looked. She can't have been going too slowly to cause all that damage! Personally I would tell her that you intend to claim against her insurance for the cost of the scooter. Good luck. Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted December 4, 2012 Share Posted December 4, 2012 How do you know the scooter did the damage, maybe she felt guilty for damaging your sons scooter and used this as a golden opportunity to get her car fixed free and escape any blame. Link to comment Share on other sites More sharing options...
Guest Ptp113 Posted December 4, 2012 Share Posted December 4, 2012 My 8yr old son was playing with a neighbours child when he placed his scooter on the grass next to their drive then joined his friend to play in their back garden. The mother drove out of her drive and clipped the scooter resulting in it going underneath the car and flipping out scratching the paintwork and dinting the front end .She also claims it could have caused damaged underneath her car. My response was that she was lucky it wasn’t a child that she had ran over and that our insurance wont cover for that damage .She informed me that she was fully comp but doesn’t want to make a claim as it bumps up her insurance. I hate conflict and have not been in Australia long so took the easy way out and said I will send my husband down to see her when he gets back during the week to look at it. I've spoke to my husband and he says he isn't going to pay for it as the scooter was stationary and it was her responsibility as the driver of a vehicle to check clearance but I'm worried because this woman is known to be volatile and has had rifts with other neighbours over kids. Any advice would be most appreciated thanks She is, as the saying goes "taking the p1ss". Let her know she will be paying for a replacement scooter, and lucky to get away with that. Wish I was there........................ Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 thanks Ronan20 that's just what my husband said about the scooter. I was quite taken aback when she came to see me about it because if it was me that had driven over a scooter I would have offered to pay for the scooter damage.In the past we've had many a car scratched and dinted by neighbours children's by accident and have never sought for damages but I would gladly pay for damages if it was down to my own child i.e scratching it whilst riding his scooter. Your right it was not my child's fault but hers and never looked at it that way that she was laying the blame on my child. Thankyou for your reply Link to comment Share on other sites More sharing options...
calNgary Posted December 4, 2012 Share Posted December 4, 2012 I agree with the others on not paying for damage to her car (if there even is any),, i wouldnt mention claiming for the scooter UNLESS she gets cranky, then ask for her insurance details, it might shut her up ! lol Cal x Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 I don't think you should have to pay for the damage. However, in your position I would be considering the potential impact on my sons friendship group if she stops her son playing with yours. Does he have other friends etc? If there would be no undesirable consequences for my son I would refuse to pay. If it might rebound on my son (and I had the money) I would pay. Thanks Freckleface I don't think there would be any detriment to my child as we have not been here very long and has other friends to play with , but I was thinking earlier to just pay it for a quiet life so to speak and not rock the boat but now I am looking at it differently as had I been back in the UK I would probably not have paid it other than what you had said if it had undesirable consequences Link to comment Share on other sites More sharing options...
etjenkins Posted December 4, 2012 Share Posted December 4, 2012 I think that's outrageous, if anything she should be paying for a new scooter for your son, most definitely not the other way round. She should have looked before driving over the scooter. I wouldn't have thought a scooter could do that much damage to a car to even make it worthy of getting it repaired, have you seen the 'damage' it 'caused'? Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 IF your child was left in her care I totally agree with this. She should be paying for the damage to the scooter. Even if not, and the kids are old enough to be playing on their own, she should have looked. She can't have been going too slowly to cause all that damage! Personally I would tell her that you intend to claim against her insurance for the cost of the scooter. Good luck. Thanks Blossom for your reply, my son wasn't in her care and my son had only been out playing for 10 minutes , they very rarely go play at her house we generally have her two children playing at our house using our kids toys . I just couldn't believe it when she came and approached me Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 How do you know the scooter did the damage, maybe she felt guilty for damaging your sons scooter and used this as a golden opportunity to get her car fixed free and escape any blame. That did cross my mind and the more I think about it I dont think guilt came into play but getting her car fixed for free has .And yes how do we know what really happened my son was in the back garden when it happened along with the other children .Thanks for your reply Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2012 Share Posted December 4, 2012 If you are reversing somewhere children could be playing then you do it SLOWLY! In which case, as soon as you feel you are going over something odd you stop, you don't go fast enough to kick it up to hit the underside of the car! She is very lucky she didn't injure someone! Link to comment Share on other sites More sharing options...
Quinkla Posted December 4, 2012 Share Posted December 4, 2012 If you are reversing somewhere children could be playing then you do it SLOWLY! Agreed. We live next door to young kids and I reverse out of the drive very slowly indeed. Link to comment Share on other sites More sharing options...
Galahad Posted December 4, 2012 Share Posted December 4, 2012 "......She informed me that she was fully comp but doesn’t want to make a claim as it bumps up her insurance........" Oh - that's a good one !!!!!!! I'll have to try that - NOT !!!!!!! :biglaugh: Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 She is, as the saying goes "taking the p1ss". Let her know she will be paying for a replacement scooter, and lucky to get away with that. Wish I was there........................ Wendee thats just what my husband said and what I would have most probably said back in the UK .My confidence at the moment is zero and often feel I'm a shadow of my former self ,probably because I feel displaced and trying to 'fit in'. I guess maybe this neighbour has picked up on this and thinks I am an easy target . Luckily my husband sees things just as he did back in the UK and does not get intimidated like me .Thanks for your reply Link to comment Share on other sites More sharing options...
Bobbsy Posted December 4, 2012 Share Posted December 4, 2012 Point out to her what her lack of care and attention might have caused if it had been a child, not a scooter. Legally, the driver is responsible for not hitting things, even if they are in the wrong place. Link to comment Share on other sites More sharing options...
whichway1 Posted December 4, 2012 Share Posted December 4, 2012 awkward situation....but yes totally agree with the others in that the fault is hers not your responsibility...how ridiculous to ask you for the money. Link to comment Share on other sites More sharing options...
Guest TheArmChairDetective Posted December 4, 2012 Share Posted December 4, 2012 Interesting, are we trying to say here that an accident has occurred owing to the presence of a motor vehicle on a road, or are we saying that an accident has occurred on private property involving a motor vehicle? Which definition does your local community police officer say it falls into? Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 I agree with the others on not paying for damage to her car (if there even is any),, i wouldnt mention claiming for the scooter UNLESS she gets cranky, then ask for her insurance details, it might shut her up ! lol Cal x thanks calNgary for your reply I'm sure she will blow her top when my hubby says he isn't going to pay for the damage and is going to use the scooter damage as an offset, but I can see it getting very heated but with the advice that has been posted she is in the wrong not us Link to comment Share on other sites More sharing options...
Love Shoes Posted December 4, 2012 Share Posted December 4, 2012 I wouldn't pay, she was driving without due care and attention, it is a driving offence, maybe had it been on her driveway ..... Be firm with her, go to the local police station and file a report that she was driving without due care and attention. good luck x Link to comment Share on other sites More sharing options...
Quinkla Posted December 4, 2012 Share Posted December 4, 2012 Interesting, are we trying to say here that an accident has occurred owing to the presence of a motor vehicle on a road, or are we saying that an accident has occurred on private property involving a motor vehicle?Which definition does your local community police officer say it falls into? According to the OP, the child was on the neighbour's property by invitation - therefore claiming that the scooter had been left on the property during an act of trespass wouldn't wash. I know how embarrassing it is to make a stupid driving error. I have hit two stationary vehicles in my time and tried to justify it to myself as having been the other vehicles' faults for (a) being there and (b) being longer than necessary. Fortunately I have never chosen to share my blaming theories with others and just paid up. Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2012 Share Posted December 4, 2012 Just use the example, if she reversed into a low wall, who would she expect to pay for the damage? The person who didn't use their mirrors, or the owner of the wall for putting a wall there? She sounds like an idiot. Link to comment Share on other sites More sharing options...
Guest Ptp113 Posted December 4, 2012 Share Posted December 4, 2012 Wendee thats just what my husband said and what I would have most probably said back in the UK .My confidence at the moment is zero and often feel I'm a shadow of my former self ,probably because I feel displaced and trying to 'fit in'. I guess maybe this neighbour has picked up on this and thinks I am an easy target . Luckily my husband sees things just as he did back in the UK and does not get intimidated like me .Thanks for your reply You won't 'fit in' until you take the bull by the horns and have a go. Ask me how I know? Link to comment Share on other sites More sharing options...
Beddy Posted December 4, 2012 Author Share Posted December 4, 2012 I think that's outrageous, if anything she should be paying for a new scooter for your son, most definitely not the other way round. She should have looked before driving over the scooter. I wouldn't have thought a scooter could do that much damage to a car to even make it worthy of getting it repaired, have you seen the 'damage' it 'caused'? thanks for your reply , I did see damage to the body work on the car ;a dint at the drivers side front end and a huge scratch on the d/s back wing but Apparently the scooter was dragged under the car and flipped out the back end it's probably knackered her exhaust, petrol tank and brake pipes so she claims . when she told me the story she said 'I thought what the f**k was that as I was pulling out , I could hear something underneath and then I saw the scooter flip out '. My first response to her was she was lucky it wasn't a child . Thank god it wasn't cos she sure wasn't stopping to check. Link to comment Share on other sites More sharing options...
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