Car illegally parked, my child hurt NH

What is the name of your state? NH

My 5 y/o son was riding his bike and took a corner where a car was parked within 30 ft of the corner.

My son slammed into the back end of the car, giving him a fat lip and jaw pain. We took him to the hospital where they observed him for head trauma - there was none thank goodness.

There is a perfect hole in the bumper where the small screw from the handlebars punctured and a dent the size of a child's fist if that.

The owner of the car wanted my info which I gave him. Never heard from him until 3 months later by phone saying he had 3 estimates ranging from $500-1500 and I told him I thought that range was rather large and without seeing them, no money would be given to him. We never received any proof of an estimate and he left a message saying "If I don't have a check in my hand by friday, I'm taking you to court". I told him "how can you expect me to just hand over money to you without any proof of an estimate, besides, 3 mos have gone by, how do I know what the damage looks like now?"

I received his court papers and chose to request a hearing. I do not deny responsibility, but I do think he was also in violation and should split the damages.

His court paper says $561.40 in damages + $55.00 for court fees. We wouldn't be going to court if he had tried to hand/mail/certified mail the papers to me!

Thank you for any thoughts or suggestions.

Help?

My response:

"Thoughts or suggestions" about what?

I agree with you that this could have been settled prior to litigation, but what was the reason for your post?

IAAL

my question i guess is "am I totally responsible for my child doing damages even though his car was within 30 ft from a corner which in NH is in violation?" He's lucky I didn't sue him for the hospital bill.

2XMOM said:

my question i guess is "am I totally responsible for my child doing damages even though his car was within 30 ft from a corner which in NH is in violation?" He's lucky I didn't sue him for the hospital bill.

Click to expand...

My response:

Yes, you are liable for the repairs. It wouldn't matter if his car was parked in the middle of the street. Your son STILL had a duty to watch where he was going, and not do damage to someone's property. His "illegally parked" car was NOT the "proximate cause" of your son's injuries; it was the fact that your son wasn't watching where he was going.

If the vehicle was illegally parked (which you won't be able to prove anyway), that is a problem between the car owner and the local parking authority enforcement - - not you.

Good luck in court.

IAAL