electra_blue wrote:Hi all,
I was wondering if you could please advise if possible re a situation that happened yesterday.
I was riding with the kids (10, 8 and 4) near home and the oldest had an accident with a car. We had just crossed a T intersection (crossing the minor road) and were riding on the footpath at normal cycling pace up a gentle incline.
About 20 metres from the intersection was a doctors surgery driveway, my oldest (10) was in front and turned to check behind. A car appeared in front coming out of the drive way which I saw and shouted ahead and at the same time he turned and immediately collected the car in the passenger side front door. It all happened very quick.
Who bears liability? Neither of us have admitted 'fault'. I have received a call from the driver and she has indicated that she is going to claim (and I am guessing her insurer would pursue us).
I have since found Road Rule 74 which deals with giving way to pedestrians etc when leaving a road related area (such as a car park.
It would appear that we are not at fault, but wanted your opinions.
Legal liability or moral liability?
Hopefully at least two of you learnt a lesson. The 10 year old might need it repeated a few times to sink in.
The question is if you were in the car, would the outcome have been be any different.
I understand your desire to mitigate your financial risk but, if you had been in the car would it be any different.
My sister in law (SIL)was once in a similar situation (as in the car driver).
She had a high fence in front of her property (wont go into why but for the suburb probably justified). backing out v-e-r-y slowly, recognising the impact of 2metres of Ford before she could realistically see. Kid riding along under parent supervision (legally that means accountable), kid looks around - bang. Luckily no one physically hurt.
Dad accuses sister in law of negligence, etc.
SIL has minor damage to car, feels bad about whole affair (but on reflection couldnt see how it could have been better) eventually sends in insurance claim (mostly because she was worried it might get out of hand). Insurance dismisses issue. No one person at fault.