my son hit a car on his bike

[pudgymonster]

What is the name of your state? IN
I was in the hospital, my mom was at my house and let my 11 year old son ride someone elses bike. He hit a car and caused damage. This all happened in our trailer park, not on a road. Am I liable for the damages, and to what extent. The guy is trying to tell me I owe him $100 for a car cover, and over $800 to repaint his car. He is taking no responsibility. I feel I should only pay his insurance deductable. Please help

 

[outonbail]

What was the situation? Was the car owner driving his car? If there was a car cover I would assume not, but thought I'd ask. Was the car parked in an area designated for parking cars or on the sidewalk? Was your son riding his bike in an area known to be used by children on bicycles? Did your son just not see the vehicle? Was this collision during the day or during the night? Have you spoke to anyone who witnessed the incident?

If there were no other contributory factors other than your son's negligence or inexperience riding a bike, what responsibility do you believe falls on the car owner? There's no law that says he has to file a claim with his insurance company. Do you have homeowners insurance? If so, they may cover the damages.

You may not be responsible for painting his entire car depending on the extent of the damages. If this car had a cover on it, how much damage could your son have done? Did you yourself call any body shops to see if they would come out and give an estimate for the damages your son is responsible for?
If this guy is asking you to paint his entire car over a six inch scratch he's being unreasonable. Of course the fact that he put a cover over his vehicle is usually an indication that the car has a finish he's concerned with preserving.

There can be allot of factors which determine how much liability falls on you, without more details, there's no way to determine who's at fault and to what degree.

 

[pudgymonster]

The car was parked on the bottom of the hill I know as 'dead man's hill' Seems after investigating, every kid has crashed a bike here. the car was parked at their home with cover on. I do not own homeowners insurance, just car liabilitiy. My son was on his friend's bike, and the brakes were in the handle, not the foot. my son tried to take the corner and just didn't make it. I tried to be nice to the guy and asked for pictures of the damage, and 3 estimates. I explained all this to the guy, including I was in the ICU for heart and breathing problems. The damage is just to the car cover, a rip about 5-6 inches near the very bottom. The damage is just to the one lower panel by the tire. He is claiming a scratch went the entire way, even though the cover is not damaged, and my son was not injured (besides scrapes and black and blue marks) He is claiming that the whole side of the car needs repainting. Considering where we live, the kids who live here, and bike traffic, I think he should take at least partial blame for parking the car here. He still parks the car in the same spot. I blue-booked his car and the value is $7000.

 

[Some Random Guy]

Have somebody take good pictures of the damage - don't wait for the owner to do it. Take the pictures to a repair shop and ask how much they would charge to paint that. Make him an offer.

I doubt you will get far in convincing the owner or a judge that parking the car in a legal spot means that the owner is laible for bicyclists running into his vehicle.

 

[outonbail]

the car was parked at their home with cover on.

No liability can fall on someone who's vehicle is damaged in a collision, while it is legally parked at their home. (I assume, in their own driveway) The fact that their home is at the bottom of a hill does not change anything. (Although I'm sure that statistically more homes and parked vehicles are run into when they are located at the bottom of a hill as compared to those located on the top. Obviously due to the influence of gravity)

He is claiming that the whole side of the car needs repainting.

This is why you should seek the opinion of someone in the body and paint business who can assess the damage and provide you with a written estimate detailing the cost of restoring the car back to the same condition it was in when your son ran into it. You certainly don't expect the car's owner to shop around looking for the best deal to repair the damage on your behalf.

Considering where we live, the kids who live here, and bike traffic, I think he should take at least partial blame for parking the car here.

Parking the car where? At his home, In his own driveway? If you think that, then your the one who's being unreasonable.

He still parks the car in the same spot.

He still parks his car at his home, in his driveway? Well then I guess he's just asking for it huh? How many people have the nerve to park their car so close to their home? Have you suggested to him that maybe it would be better if he parked his vehicle at the nearest mall and then walk or take the bus home?

I blue-booked his car and the value is $7000.

Is that value before or after the damage is repaired?

Just kidding. Your best bet is like Random Guy suggested, get some estimates yourself and make him an offer. Maybe you can work it so you are paying the repair shop directly.
Keep in mind that if you were to contest paying for the damages in small claims court and lose, you could also be held responsible for the cost of a rental car while his is being repaired and from reading your post, he hasn't asked for that so far.

 

[pudgymonster]

INdiana= the car was-is parked in the trailer park street. Not in his driveway area. He has an old beater0up car he drives all the time. He thinks this car is an investment, and just by covering it with a car cloth, the value is not going down just by keeping it parked. Everyone knows the minute you pay and drive away from a dealership, the car value decreases....I told him when it happened nothing could happen until after Jan anyway, and because of my financial situation, I wanted to do the right thing, but I would have to pay him around $20 a month. Then he comes up with this enormous bill...
What about his cover...He gave me a receipt for $100, bought in April....I have seen the same covers go for $25-$30, should I just buy him one of these...I think if the car is so special, pay for a garage or storage unit, or move it into the fenced parking area you can park in the trailer park...Just my opinion. There was no police report, he wasn't home and can't say for sure it was not the neighbor's kid, they all were riding bikes down the hill that day.
Try to do the right thing, except when people try to take advantage of you.

 

[outonbail]

the car was-is parked in the trailer park street. Not in his driveway area.

As long as it is parked legally, it doesn't really make much difference in a case of this nature.

What about his cover...He gave me a receipt for $100, bought in April....I have seen the same covers go for $25-$30

You can replace the cover with one of the same. If you can get it for a quarter of what he's asking then it's probably in your best interest to do so. On a side note, If I paid someone the $100.00 they claim it cost them for a cover, I would want the cover. If they want to keep it, I may split it with them or pay for the cost of sewing it up.

There was no police report, he wasn't home and can't say for sure it was not the neighbor's kid, they all were riding bikes down the hill that day.

Well, it sounds as if your son has admitted to causing the damage, so a sudden shift to claiming it could have been the neighbors kid doesn't make it look as if your going to do your part in rectifying the situation. Weather the car owner saw the incident or not, someone must have witnessed what happened and informed him of this. So if you prefer for a judge to decide who caused the damage, you can count on that someone being in court as his witness to the incident and if the Judge questions your eleven year old son, the truth will come out.

Don't get me wrong, if your son is not at fault, you shouldn't be held accountable. But if that was the case, I don't think you would have taken it this far.

Try to do the right thing, except when people try to take advantage of you.

You can't say that anyone is trying to take advantage of you without first seeing some estimates for yourself.

Good luck

 

[Just Blue]

There is the issue of grandmother being in charge of the child...wouldn't gm be responsible for the damage?

 

[rmet4nzkx]

Although relevant to you, your excuses will not be relevant in court.
THe cover was ripped, that is damaged, he provided a receipt, that sounds like a fair amount and like the bike your son was riding caused the damage when the crank impacted the car. Then take pictures and get estimates yourself, and try to reach an agreement, otherwise he will take you to small claims court. In the Future you need to set down some simple rules,
1. No riding down Dead Man's Hill.
2. No borrowing other people's bikes.
3. Only ride bike, scooter, scateboard etc wearing a helmet and safety gear, in appropriate places.

Then you need to make sure your son is SUPERVISED when he plays and asks permission before borrowing other people's property. Get homeowner's or renter's insurance.