Personal injury claim against a child - cycling accident

[Dave_B]

Hi, apologies for this double post. I have posted it in the Welcome Forum as a guest before signing up. I cant see how to move posts..

My son was involved in a cycling accident where he and another cyclist collided. My son had a serious head/face injury along with multiple cuts and bruises on his body and a lasting injury to his shoulder. The other cyclist (an adult) had a broken finger and damage to his bicycle (which he complained about non stop even while I was attending to my unconscious son!!).

The accident was in April and I have just received a letter from a solicitor regarding a claim under the Pre Action Protocol for Low Value Personal Injury (Employers Liability and Public Liability) CLaim. This is requesting insurance details.

I have some questions regarding this and hope someone can help?

1. My Son is 14 and not insured, how can i provide details?
2. The letter is unexpected as I did give my details expecting communication from the man involved (just not a letter from a solicitor!).
3. The Police were not called to the accident although the hospital staff and paramedics said they should have been called at the time as it was quite serious injuries to my son).
4. What do I do now?

Thanks in advance

Dave

*

[des8]

Trust your son is recovering from his injuries.

How did the collision occur and did either party admit liability?
Do you have household insurance?
If so check to see if the contents section includes Personal liability, and/or Legal Expenses

If your son has no assets it is not going to be worth them pursuing a claim.
The claim can only be against your son, and you aren't liable for that!

[Celestine]

It is not law for any cyclist to hold insurance for using the roads, so the issue is not about your sons age.
Do you have household insurance with legal cover, if so please give them a call.
It May be wise to file a police report on the matter and respond setting out details of the injuries caused.
Who’s fault was the accident?

[Dave_B]

Thank you DES8 and Celestine for your replies.

The accident happened due to my Son pulling into the path of the cyclist however (I was witness) the other cyclist was travelling at great speed and I would decribe as "head down" full on racer style which I believe made the matter worse. That said it would be seen to be my sons "fault". My son was knocked unconscious, had concussion and we spent 2 days in hospital. He had a fracture in his face / sinus, multiple bruises and suspected collar bone break which turns out to be an impact injury left with slight deformed shoulder (a large lump!).

The other cyclist involved was not treated by paramedics at the scene, he was being "abrasive" to everyone there, he complained constantly about the damage to his bike (swearing etc) but as I understand it he visited hospital for a broken finger however at the scene Police were not called however upon your advice I will contact them now.

Sorry for my lack of understanding and knowledge but I have not experienced this before. I am a little confused where you have said that the claim is against my son (he has no assets - he is 14) which indicates the claim cannot be made however you have said to check my house insurance?

If upon checking my insurance cover should I then be providing the details (by doing that does it admit liabilty and in effect set the ball rolling for him to claim) or is it just a step in the process? Or given what you have said do I just respond to the solicitor explaining the situation that my son is 14 years old and has no assets etc..

**Forgot to add. I have since changed insurance companies**

Thank you
Much appreciated
David

[des8]

From your description it appears your son is liable, although the other cyclist possibly contributed to the accident by riding recklessly.

However neither you nor your son must admit liability either to the police nor the other party.
If you report this to the police just give a description of what happened eg after glancing round son changed direction , other cyclist travelling at excessive speed collided with him. Do not admit nor deny liability.

If your son is deemed liable for the accident, he could be sued for damages.
However if he has no assets there would be no point in the third party suing him, unless there was insurance in place.

You need to check the various policies you had at the time of the accident to ascertain if you had public liability cover which included your son.
If you did you need to inform those insurers of a possible claim, and pass the solicitor's letter to them.
Do not reply to that solicitor's letter, other than to acknowledge receipt and advise you are seeking legal advice.
Do not admit to the third party that there might be insurance cover in place as that may invalidate the cover.

[Dave_B]

Thank you for your advice. It's much appreciated.
*