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Who is responsible for pay for car damage in this scenario?

  • Thread starter Thread starter FP
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FP

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You are driving at the speed limit (35 mph) down a narrow stretch of paved city road with a high curb on your left and street parked cars and houses on your right. As you are driving along a child darts out from behind the cars in your direct path.

Your brain immediately tells you slamming on the brakes will not save the child so you yank the steering wheel to the left causing your car to violently hit the curb, blowing out all tires and ultimately doing frame damage to the car.

Who pays for your car from your insurance company's perspective? I am guessing your insurance company would pay as a child has no insurance but do you think the child's family source bear any responsibility?

... and no this did not happen to me in real life but it could easily happen in my neighborhood.
 
If the child is <7, you pay in every circumstance. If the child is >=7 you pay, then sue, then lose b/c you are familiar with the area and should know there are children around, then look like an ass for suing.
 
you gotta be going pretty damn fast for that to happen....tires don't just blow by touching a curb......the speed at which you would be traveling to veer off and hit the curb with such force to blow a tire would mean you are traveling well above 35mph limit that is standard in a neighborhood environment besides just cause it's posted does not mean you HAVE to drive that fast the posted speed is a limit, not a minimum....you would not have much of a case after the cops write their report putting you at fault.
 
So if you just plow through the kid and it was clearly the kids fault (hell let's just say you were going 15mph so that speed isn't a factor), you'd be in the clear...right?
 
Originally posted by: Ns1
So if you just plow through the kid and it was clearly the kids fault (hell let's just say you were going 15mph so that speed isn't a factor), you'd be in the clear...right?
Click to expand...
As long as you were sober/licensed.

 
Originally posted by: oldsmoboat
You turned the wheel, you pay.
Click to expand...

Same scenario as avoiding a deer. If you hit the deer, the insurance pays. If you swerve to miss, State Police cite you for 'Failure to Control' and you have to jump through hoops to hopefully get your insurance company to buy you a new hub cap.

The only real difference is that you can't have the child butchered and wrapped into little packages to store in your freezer to make chili out of. At least you can't do that here in Ohio......
 
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