Proving the damage to my nephews bike was caused by the man who knocked him over!?

[Louised]

Hi all! I haven't visited in a while but I'm back again with another dispute 😤. Let me begin.... About 4 weeks ago my nephew was riding his mountain bike through a pub car park during the day when a van reversed out and knocked him off his bike. Obviously he was shook up as he's only 13 years old. This guy who was driving got out of the van and asked if he was ok. My nephew explained that his arm was hurting but other than that he was just about ok. The guy then drove off!! Nephew rung his mum from the scene and she got there asap n took him to the local police station followed by a trip to the hospital. The advice given from the police was no crime had been committed as the guy stopped and asked if he was ok??!! I mean I find this bad policing if you ask me. Anyway that night we went to view cctv at the pub where it happened but nothing was captured, the police said they would send a road traffic accident team out to assses what had happened and start an insurance claim for the damages to his bike. Four weeks later we find out that the case is closed because this guy in the van claims it wasn't his fault and that my nephew rode his bike into the van! Crazy I know! Anyway cut a long story short we took his mountain bike to Halfords to get a quote to repair it. £342!! The technician who did the quote said it was impossible that it was my nephew who rode into the van and the damage was clearly done by the van. He is also more than happy to write a statement showing his findings. But where do we go from here the police are clearly not interested in our case??!! I have an upset nephew who can no longer use his bike due to a careless driver?? 🤔🤔

[des8]

Re: Proving the damage to my nephews bike was caused by the man who knocked him over!

Hmm!
I don't think you are going to like what I am about to write but....

1) I don't suppose your nephew's parents have included his bike on their household policy, or insured it seperately?
Any one who rides a bike should, IMO, if they are sensible insure it against loss or damage or theft, and also insure their legal liability to third parties.

2) the Halfords technician's statement will be of no value.
The damage may have been caused by the van, but only because your nephew put the bike in harms way by cycling into the path of the van.(according to the van driver)
If it had been two cars involved it would probably be regarded as a 50/50 incident.
As it was a bike/van incident the bike comes off badly, the van without a scratch.

3) The lad's parents could write to the van driver on behalf of their son, holding him responsible for the crash and requesting payment for the repairs.
When he refuses they threaten court and advise him to instruct his insurers.
The insurers will deny liability, but rather than face the costs of a court action may offer an ex gratia payment.
Unlikely, but you never know.

I actually rather believe it was more the van driver's fault, as he was reversing and probably didn't see your nephew.
But the lad didn't see the van reversing either....

[Sparkie1723]

Re: Proving the damage to my nephews bike was caused by the man who knocked him over!

AS the police say " no crime was committed" ....that's that, however if you threaten Court action as Des said they might offer you some compensation, if you went to Court you would need to prove in civil claims that it was more likely than not the drivers fault., being the awkward old git I am ..I would have my own views on how to resolve a case like this .....but I ain't posting it
Its up to you if you think it's worth it, do a bit of posturing and see where it gets you. ....Or put it down to an other experience of life as it is today.
Sparkie