My daughter has just phoned me in abit of a tiz

[dothawkes31]

She left her push bike at the side of the road whilst she went into pick up her avon order, this is on a quiet housing estate BTW, anyway, a woman in a car has run over the mountain bike and destroyed the fronty wheel and handle bars. My daughter heard the crunch and when she got there the woman just said she was sorry and she 'didn't know where her head was' my daughter just said it was her fault for leaving the bike there. My question is, is it my daughters fault for not using the pedal to stand the bike up properly and just leaving her bike lying down across the pavement? I think probably it is six of one and half a dozen of the other here isnlt it?

[ABerrant]

Any person driving a car in the UK should be able to control it properly and have vision sufficient to enable them not to run over an obstruction.

[dothawkes31]

mmmmmmmmm, yes true, in law tho?

[chas2008]

an educated guess would say she was legaly in the wrong, bottom line is that it was stationary ,she should of seen it ,no argument..Could of been a child playing there instead.

[sddsddean]

When you say she 'left it at the side of the road' and 'lying down across the pavement', do you mean the car had to drive on the pavement to hit it? If so, you've got the driver bang to rights! What was she doing driving on (or very close) to the pavement?

[dothawkes31]

It was half and half I think, but it is a narrow avenue on a 20mph speed restricted estate, I've told her the woman could have run over a child or if she had damaged a gate she would have been liable. Anyway, not sure what daughter can do now as she let the woman drive off and took no details. I am wondering why the woman said 'I don't know where my head is today' that sounds abit worrying, but it's done now. Cheers for your help with this guys.