whos at fault

[adelespirit]

my son parked his bike on a pavement and it got ran over by some bloke in a van, He has said he will pay for the damages as he was driving on the pavement at the time, he has now said he is willing to go 50 50 on the repairs as he said it was partly my sons fault is there somthing i can do about this apart from go to the police as i was trying to come to an amicable soloution.

[Barmaid]

If you son's bike was stationary, there is no reason why he should go 50:50 - even if it was parked illegally. The other chap is talking out of his nether regions. He essentially hit a stationary vehicle. Involve your insurance company and fight it.

[adelespirit]

sorry i forgott to say my son is 12 and the bike is a BMX lol
he had put it against a wall to catch some ladies dog and the bloke in the van ran over it somehow said he never saw it

[sn�gs]

I feel a bit nervous posting after legal eagle Barmaid... but... were there any witnesses to him driving on the, er, pavement?

[adelespirit]

yes, the bloke was parked on the pavement to deliver somthing and as he drove off he ran over my sons bike, i have asked my son and his cousin who he was with and they both say the bike was propped up against the wall but the way the bloke was talking to me he made out my son had parked his bike under the wheels

[adelespirit]

of his van ^^

[Barmaid]

lmao! He was ON THE PAVEMENT IN HIS VAN?! Sorry, he is so ******** (not a legal phrase I know). Never mind witnesses - if his story is that he was on the pavement but your son's bike was in the way he is stuffed. I frankly would threaten legal proceedings. Take pictures of the accident site and pics of the damage to the bike too.

(PS - Snags - witnesses are damn useful, but actually can sometimes totally shag your case - last week I was in court against a solicitor claimant with a independent witness, my client was a 17 year old chav and his mate. On paper we were stuffed, but I ran it anyway. The I/W wqas such an opinionated twit the Judge took the view he could not be relied upon. Won it without having to call any evidence!!!!!)

[Barmaid]

Adel - I take the view that the van driver is at fault. He cannot have seen the bike (if he had, he would not have run over it) and therefore cannot say where it was!!!!

[sn�gs]

lol... excellent... you need one of those every now and again...

[adelespirit]

omg im such an idiot i never thought to say "if your telling me it was parked under your wheels how come you ran over it"
im so going to ring him tomorrow and say im going to have to go to the police as im having no joy with him.

[adelespirit]

i am thinking of sending this mesage does it sound ok?

Hi i have been in touch with citizens advice and they even say i sould not pay 50% of the repairs. i was hoping this could have been resolved now, let me know if you are going to pay the full repair amount or will i have to persue the matter via other routes.

what do you think?

[pink-kittens]

Regardless of whether the bike was in the way, parked under his wheels balh blah the van driver was ON THE PAVEMENT - totally and utterly cannot be your sons fault in anyway shape or form. No, do not got 50/50. Dont even mention CAB, just tell him you want all or you will invovle the police - I assume you have his reg number? You have his address?

[adelespirit]

yeah i have all his details hes the local milk man

[adelespirit]

its his own business i think, looks like police will be the next route its been a week now i was trying to sort it myself but its not worked

[Nosha123]

Lets us all know how you get on adelespirit

I'm intrigued as to what his response will be.. thank god it wasnt a buggy with a baby in it! or someone's little dog tied up outside the shop!!!

Thug