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hit a bicyclist

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northbayridaz

Junior Member
What is the name of your state (only U.S. law)? California

Hi,
I had a terrible incident Friday were I hit a young 8 year old boy on a bicycle. I had no way to avoid the accident and was found not at fault by the California Highway Patrol. Fortunately He was not seriously injured and was quickly taken to the hospital by his step dad. Unfortunately for me I do not carry collision on my insurance for this vehicle and the car suffered extensive damage to the passenger side. I would like to know what steps or what I should do to proceed with recovering the damages from the boys parents. It just seems weird to me that I would have to go after the boys parents after hitting there child with my car , but I have no choice it seems. I feel very sorry for the whole incident but am constantly reminded that It was not my fault. If there is any suggestions on what to do please let me know.
Thankyou
JoeWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


What is the name of your state (only U.S. law)? California

Hi,
I had a terrible incident Friday were I hit a young 8 year old boy on a bicycle. I had no way to avoid the accident and was found not at fault by the California Highway Patrol. Fortunately He was not seriously injured and was quickly taken to the hospital by his step dad. Unfortunately for me I do not carry collision on my insurance for this vehicle and the car suffered extensive damage to the passenger side. I would like to know what steps or what I should do to proceed with recovering the damages from the boys parents. It just seems weird to me that I would have to go after the boys parents after hitting there child with my car , but I have no choice it seems. I feel very sorry for the whole incident but am constantly reminded that It was not my fault. If there is any suggestions on what to do please let me know.
Thankyou
JoeWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
You are kidding right? I would not even suggest you sue ...
 

swalsh411

Senior Member
You are kidding right? I would not even suggest you sue ...
And why is that? Are parents no longer responsible for damage caused by their children? If a child on a bike lost control and crashed into your parked car, wouldn't the parents be responsible? How is this any different? The only difference here is that the vehicle was moving at the time the damage occurred and I don't see how that's relevant.
 

CourtClerk

Senior Member
You are kidding right? I would not even suggest you sue ...
Well, let's look at it this way:

If the OP did have collision insurance, the insurance company would repair the vehicle and the parents would find themselves sued anyway.

HOWEVER, you may find that the parents have little to no liability for the accident if it was truly an accident and you may end up having to sue the minor child... which means, yep, it can be up to 20 years before you could collect.
 

CdwJava

Senior Member
The OP also has to consider that while the CHP report did not assign the primary collision factor to him, insurance companies and a civil court judge are not bound to abide by that determination. They are free to apportion liability as they see fit.

I think what SuperLitigator might be trying to point out is that it might be best to leave this sleeping dog lie lest the boy's parents seek out an attorney that decides, "Hey, we CAN collect from Mr. northbayridaz!"

Certainly, the OP has the legal right to sue whomever he wants for whatever he wishes to make a claim on. But, is it a good idea? Could he potentially have to pay for hospital bills that might exceed the cost of damages to the car?
 

ecmst12

Senior Member
Damage is to OP's door, which seems to indicate that the kid rode into HIM. I don't see how he could be found at fault for that.
 

CdwJava

Senior Member
Damage is to OP's door, which seems to indicate that the kid rode into HIM. I don't see how he could be found at fault for that.
Maybe not ... though it could be a side swipe situation. Or, the OP stopped across a crosswalk. We had one of those a few weeks ago where the PCF was assigned to the bicyclist, but ONLY because the cyclist rode off the sidewalk and into the crosswalk into the right front fender of a pickup truck. Had she been on the street, even though she was riding in the wrong direction, the truck driver may well have been the cause of the collision for failing to stop at the limit line (the first line of the crosswalk).

So, there may be some areas that could cause an insurance company or a court to decide that fault should be shared.

I have seen some pretty bizarre court decisions.

Just saying, that if there is any question, the OP should not rely solely on the CHP assignation of fault as that is not binding on a civil court or an insurance company.
 

northbayridaz

Junior Member
So I found out the boy is thirteen. It seems his parent lied at the scene about his age. I don't know why they would do this but they did. I am not trying to gain anything from suing anybody. I just want my vehicle returned to the before accident condition. I have the address of the boy from the police report and I would like to write a kind letter expressing my sympathy but asking them to pay for the damage. The insurance had talked to both witnesses and from there investigation found me 0% at fault aswell. The kid hit me in the double yellow line on my passenger side cause I swerved to avoid him at all costs. I had about two seconds to react seeing he just swerved from the bike lane to thee center of the road with both oncoming and directional traffic. The boys family also admitted fault to the insurance company. They at first tried to file a personal injury claim but it was rejected due to the witness statements the CHP report and the parents admitting fault. The witnesses also stated the boy was riding with no hands. I am just glad that the boy was not injured seriously and I've seen him on the street skateboarding and in excellent health. So would I be safe to send a kind letter certified mail and if that does not work would I have to Sue the boy or his parents? I have never had to deal with this and never wish anybody would have to. This is a very awkward situation and if my vehicle was cheaper to fix other than 4000$ I would take care of it myself and let the boy move on with his life but its way out of my budget. The car is worth fixing I believe its a 2006 Hyundai. Sonata. Any replys would be greatly appreciated
 

justalayman

Senior Member
well, since the parents had no problem considering suing you, I don't see where you should feel bad demanding recovery for your damages from the kid or his parents.

So, I would start with a couple estimates. Send a copy of the lowest one with a letter asking for payment to the boy and his parents.

I haven't researched who would be liable in this situation. You can either look for that specifically or simply include the child and parents in all actions. That way you are sure to have the proper defendant.
 

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