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You back over a kid's bike...


momto10blessings
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Those who say they would not pay because the kid or other parent is at fault: would your answer be different if the casualty was a young child rather than a bike?

 

No gentle way to say this. I'd be concerned that a child was laying on the ground behind my car to begin with. Standing up I would see them in my mirrors and when checking my blind spot over my shoulder. I also don't peel out, backwards or otherwise, from driveways and any sentient and mobile being who lays behind a car, hears the car start, and continues to lay there like a dropped bicycle has a serious disregard for their own safety. Any child too young to stay away from cars should not be outside unsupervised.

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No gentle way to say this. I'd be concerned that a child was laying on the ground behind my car to begin with. Standing up I would see them in my mirrors and when checking my blind spot over my shoulder. I also don't peel out, backwards or otherwise, from driveways and any sentient and mobile being who lays behind a car, hears the car start, and continues to lay there like a dropped bicycle has a serious disregard for their own safety. Any child too young to stay away from cars should not be outside unsupervised.

 

A child could be below your line of sight and not be laying down behind the car. Said child may have bent down to tie a shoe lace, or catch a wayard ball, or is drawing with sidewalk chalk on the sidewalk below the driveway etc.

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The first rule of driving that I was taught was that you should never back out without being sure it is clear. I hit a kid on a bike when I was a teenager backing out of my driveway. There was a large truck next to me that I couldn't see around and he probably couldn't see me either very well. It was his fault as he was old enough he should have known better than to go riding past obscured driveways without being careful, but had I damaged the bike or hurt him, I would have paid, no question. Fortunately, I knew I couldn't see and was only slowly inching back. He was on the bike and I could not see him with my head turned behind me looking as I backed out. I heard a thunk and stopped to see what it was and then I saw the kid after I got out of my car. If I had pulled out at normal speed, he would have been really hurt. Ever since then, I've been hyper vigilant about checking for small people, animals, etc behind me. You cannot see low things behind the car out the window very well and I am so grateful we have backup cameras these days.

 

I would at least offer to split. The child shouldn't have left his bike in the driveway. The driver shouldn't have backed out without checking that it was clear.

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A child could be below your line of sight and not be laying down behind the car. Said child may have bent down to tie a shoe lace, or catch a wayard ball, or is drawing with sidewalk chalk on the sidewalk below the driveway etc.

 

This is more personal responsibility, kneeling down behind a running car, running behind a running car after a toy, playing behind a car and not moving when it starts, all things that should never be rules that vary from family to family. All of those things could also happen *after* I walked around my car and saw that it was clear.

 

If you're comfortable with children not putting their things away because it's private property, that's totally your call, however neglecting to teach them to take responsibility for their own bodies (or letting them wander outside alone when they're too young to understand) where cars are involved?

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That's fine and dandy for your kid but each family has it's own rules. For example, I am just fine with teh kids leaving their bikes, scooters etc on the front or back lawn, on the patio, under the awning whatever as long as they don't leave them on the curb or something. You can not expect to be absolved of your wrong doings because that family didn't follow the same rules as your own kids. And you are right personal responsibility is at play, imo when it comes to the Op post, the driver of the vehicle failed to utilize the vehicle responsibly and then when damages incurred wanted to not face the repercussions of that irresponsible behaviour. The child put his own bike on his own property, whether or not it belongs on the driveway is up to that parent to determine. The driver in this case failed to ensure the safe use of a motor vehicle.

 

And let me add as well, if someone came onto my property and damaged an item belonging to one of my kids and then refused to pay on the basis that our rules were different than theirs that person would no longer be welcome on my property.

 

Perhaps the parent learned a lesson too, then? We're never too old to learn. Bikes left laying on driveways can get damaged. Lesson learned. To me it's not so much a rule as using a little bit of sense. Do not leave items where vehicles are driven - whether that is a driveway or a street. I didn't say anything about lawns, patios, etc. Our kids bikes spend a lot of time on the front porch, or on the lawn near the front sidewalk - that is "away" while they are in the middle of their day, stopping for lunch, bathroom break, or whatever - at night they go into the garage. They are NEVER left on the driveway or street, unless they want it to get run over and not have it anymore. I've not had to remind them of this since about the age of four, or so. It's just ingrained now.

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I wonder if the mom "demanded payment" because she was kind of freaked out or angry that something with that level of danger had happened but wasn't able to express that in a better way. I can see myself doing that, and it would have absolutely nothing to do with the money.

 

I like the poster who said they would never expect payment if they owned the bike but would always offer it if they did the running-over.

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This is more personal responsibility, kneeling down behind a running car, running behind a running car after a toy, playing behind a car and not moving when it starts, all things that should never be rules that vary from family to family. All of those things could also happen *after* I walked around my car and saw that it was clear.

 

If you're comfortable with children not putting their things away because it's private property, that's totally your call, however neglecting to teach them to take responsibility for their own bodies (or letting them wander outside alone when they're too young to understand) where cars are involved?

 

I understand what you're saying and agree that kids need to learn these things, but kids aren't exactly famous for their impulse control and responsibility. Which is why the adults around have to be responsible for them, even if the kids *should* know better.

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This is more personal responsibility, kneeling down behind a running car, running behind a running car after a toy, playing behind a car and not moving when it starts, all things that should never be rules that vary from family to family. All of those things could also happen *after* I walked around my car and saw that it was clear.

 

If you're comfortable with children not putting their things away because it's private property, that's totally your call, however neglecting to teach them to take responsibility for their own bodies (or letting them wander outside alone when they're too young to understand) where cars are involved?

 

However the bike was not left there while the car was running. The driver came out and turned on said vehicle. If my child grabbed a ball, or tied a shoe on the sidewalk below a driveway or even on a driveway near a parked and turned off car they nor myself are being neglegent. The only negligence I see in this equation is that of a driver that fails to ensure that the road way(or drive way in this case) was clear before putting a car in gear. Yes those things can happen after you check, however in the case of the op nothing was checked. The driver got into the vehicle, turned it on, put it in gear and backed over a bicycle. Doing so makes the driver the negligent party.

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However the bike was not left there while the car was running. The driver came out and turned on said vehicle. If my child grabbed a ball, or tied a shoe on the sidewalk below a driveway or even on a driveway near a parked and turned off car they nor myself are being neglegent. The only negligence I see in this equation is that of a driver that fails to ensure that the road way(or drive way in this case) was clear before putting a car in gear. Yes those things can happen after you check, however in the case of the op nothing was checked. The driver got into the vehicle, turned it on, put it in gear and backed over a bicycle. Doing so makes the driver the negligent party.

 

The kid to bike comparison is not equitable. My answer to your original question about if I would feel differently had it been a person rather than a toy, using identical circumstances of the person/bike lying behind the rear wheel, was rejected by you because there *could* be other ways the child was positioned and what they were doing. A bike cannot hear the car it was left behind turn on nor move itself out of the way. A child doing anything behind a car and being there when it turns on can move. Your "what if" allowing that the child is doing anything other than laying like an abandoned bicycle requires the circumstances to change from what happened in the original scenario, making comparison except by rough analogy useless.

 

No child would ever deserve to be run over, even if they were never taught not to ever be stationary behind a vehicle, forgot that they had been told, or ran behind one chasing any object, and I hope you are not thinking that I feel any other way about it. I would however use this situation as a memorable teachable moment to my child on *why* he should never place himself or anything else he didn't want to be damaged the way the bike was behind any car.

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No gentle way to say this. I'd be concerned that a child was laying on the ground behind my car to begin with. Standing up I would see them in my mirrors and when checking my blind spot over my shoulder. I also don't peel out, backwards or otherwise, from driveways and any sentient and mobile being who lays behind a car, hears the car start, and continues to lay there like a dropped bicycle has a serious disregard for their own safety. Any child too young to stay away from cars should not be outside unsupervised.

 

170 kids in Australia get killed EVERY YEAR by cars reversing. It is the responsibility of the drivers to check.

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yesI would pay for it and I have. I backed over my nephews bike and I went right out and bought him a new one. It may be the child fault for leaving the bike there but knowing there are kids and kids bikes around adults should at least check or ask the child if his bike is in the way of backing out. I always check behind my car when I know the kids have been outside playing.

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The kid to bike comparison is not equitable. My answer to your original question about if I would feel differently had it been a person rather than a toy, using identical circumstances of the person/bike lying behind the rear wheel, was rejected by you because there *could* be other ways the child was positioned and what they were doing. A bike cannot hear the car it was left behind turn on nor move itself out of the way. A child doing anything behind a car and being there when it turns on can move. Your "what if" allowing that the child is doing anything other than laying like an abandoned bicycle requires the circumstances to change from what happened in the original scenario, making comparison except by rough analogy useless.

 

No child would ever deserve to be run over, even if they were never taught not to ever be stationary behind a vehicle, forgot that they had been told, or ran behind one chasing any object, and I hope you are not thinking that I feel any other way about it. I would however use this situation as a memorable teachable moment to my child on *why* he should never place himself or anything else he didn't want to be damaged the way the bike was behind any car.

 

 

I never asked that question, I simply responded to a comment YOU made about it.

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I'd probably replace the bike. I would try to stick to less than $100 and something from target or toys r us. If it was more expensive, I'd give sister 100. Child has some reponsibility here. Once you are given a bike you have a responsibility to not leave on the ground behind a car. I learned that lesson when I was six. My dad put the bike in a vice and pounded the parts back as much as possible and that's the bike I had until I grew.

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Yes, I would replace it. I ran over my own son's bike in my garage when he'd left it too close to the car. I was so thankful that it was not him, and I have checked ever since. Also, I was able to replace it at a consignment sale very inexpensively. Is she demanding the exact bike, or will any bike in good condition do?

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I don't know what I'd do in that situation, but since we're talking a fairly small expense here, I would probably offer to pay at least half, if not all. I don't think you are responsible though, because while we are always expected to look behind us to make sure all is clear, how many people walk around their entire car to make sure there is nothing behind it before backing up?

 

We have a large parking area on our driveway. Everyone always parks in a specific location. My sdd got a brand new car, which was black, from her grandparents. She parked it inches from the garage door (and she also parked it parallel to the garage door) where I pull out at 5:00 in the morning (stil pitch black out) and never said anything to me about it even though she walked right by me when she came in the night before. No one has EVER parked their car there in the 12 years we've lived in this house. Well, I got up, and rammed right into her car. I do not think there is any way that was my fault. There is no way I could have known that she would do something so nutty, and while I did look behind me before pulling out, the car was not visible the way she parked it.

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If it was my child's bike I would absolutely say it was my child's fault and would not ask the person to pay. If I backed over it, I would absolutely offer to pay for it. Honestly I would feel a bit shocked that someone would demand payment but since I would having been offering and insisting on paying anyway I would pay for it.

 

Agree. With my own child, it would be a tough darts, there's your lesson situation (once over a certain age, and assuming that had been discussed previously). With someone else's bike, I'd absolutely offer to replace it, no matter the child's age.

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I'd offer to pay half - the kid should not leave a bike there BUT the driver should also check before backing out . COme to think of it - the driver should pay for the whole bike. What if that had been a toddler standing back there? One should ALWAYS check before backing out - bike means kids - a double reason to check!

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I'd offer to pay half - the kid should not leave a bike there BUT the driver should also check before backing out . COme to think of it - the driver should pay for the whole bike. What if that had been a toddler standing back there? One should ALWAYS check before backing out - bike means kids - a double reason to check!

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170 kids in Australia get killed EVERY YEAR by cars reversing. It is the responsibility of the drivers to check.

 

Yes, there was a well know sportsman who killed his own three year old in his own driveway. Always check!

I would pay. If it was my child's bike I wouldn't ask for payment but I would be mightily annoyed (also with careless child).

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Another "it depends on age". My mom drove over my bike because I left it behind the car, on the ground where it absolutely should not be. I could have easily, easily put it in the grass. Yes, I was sad, but it was my fault. I was old enough to know better.

 

As to looking behind the car, well, yes, but how many of us actually do more than a cursory look? If nothing is sticking out the sides, I assume there is nothing back there. I know where all the kids in the cul-de-sac are before I get in the car - well, I know if they are outside and then where they are outside before I get in the car. The young ones I watch until I get out of the way. I expect animals to get out of the way.

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I would replace the bike because as the uncle it is not my job necessarily to worry about teaching responsibility and I would not want this incident to define my relationship with the nephew.

 

As the mother of the child I would respond differently.

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So do you all walk around your vehicle before you get in? Just curious.

 

I would offer to split the cost.

 

 

Driver's ed and basic driving rules are that every driver should, every time.

 

But we expect a child to remember, consistently, to never deposit their bike in a driveway behind a car? :glare:

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I'd pay for the bike, and wouldn't think twice. I am an adult, responsible for wielding a huge vehicle safely. Should a bike be left behind my car? No. Should I check before I back up? Yes. And my duty to drive carefully trumps a child's carelessness.

 

I have a rear-view camera on my vehicle, and have had one installed on every car I've purchased over the past 12 years, and I still check before I back up. Too many little ones running around.

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The driveway is part of the kids play area. They play on it while cars are parked in the garage and in the driveway. It is unreasonable to expect them to not ever put a bike or other toy on the ground behind a car. At the end of playtime all driveway toys are to be put away. Sometimes kids forget. Just like the grownup forgot to check behind his car. Child gets a pass, adult does not. The child is already being punished for leaving out the bike by having it run-over by a careless adult.

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Totally depends on how old the nephew is, to me. I mean, a 16 year old should know better than to park his bike behind a car; a 6 year old, not so much.

 

I'd replace the bike, most likely. Really, it's always a driver's responsibility to make sure they don't back over stuff, you know? Your dh's actually lucky there was no one *on* the bike when he backed over it.

 

(I'm not trying to sound harsh. It came out harsher than I meant.)

 

 

No I agree with this, you should be praising God no one was on the bike! This could've been a tragedy, instead it was only an accident.

 

I would pay half if your sister is okay with that. Otherwise the whole thing, and not be forever remembered as the uncle who destroyed my bike and then wouldn't pay for it. As kids we parked behind our parents cars all the time with our bikes, because we used them all day long. Of course those were the days when people rarely backed out of a driveway without looking for kids, cars, balls, you name it.

 

Be generous and be grateful!

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Guest submarines

So do you all walk around your vehicle before you get in? Just curious.

 

I would offer to split the cost.

 

 

Absolutely. We have many children on our street, and many pets.

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So do you all walk around your vehicle before you get in? Just curious.

 

I would offer to split the cost.

 

 

We park in the back of our house, so I can see what's behind my car when I get in. But, if I'm somewhere else, especially if I know kids have been playing in the area, I most certainly do check to see that nothing/no one is behind my car. My niece was riding her bike and rode up a neighbor's driveway. The neighbor started backing up at the time. He knocked her over and she and the bike went under his pickup. Fortunately, the pickup was high and he was backing straight up. She was unharmed, but emotionally traumatized. So, yes. I always make sure there's nothing behind me when I back up.

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I think the driver is responsible for the bike. BUT, you are talking about a used bike. When you break something, you are responsible for the value of that item. That said, if it was a cheap bike, I would just get a new one. If it is a high dollar bike, I'd probably offer value of the bike at the time (consult a bike shop for amount).

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His nephew is 12. I don't know, i would never ask someone to pay for my child's mistake even if he was 4. If they insisted I may let them pay, but I would never ask. My husband was also there to do free work that she had an estimate from someone to do for $1,500. So, he's saving her $1,500 by taking a couple evenings away from his family to do work for free and she is still asking him to pay for the bike?

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Unless it was a very small bike and literally under the car, how can a person not see it? I do walk around my car before getting in. Maybe I'm weird?

 

I'm thinking not even the "cursory" check was done. I think this was a good lesson for the child (thankful it was ONLY a lesson!), and an equal if not better one for the driver. We could all be more careful as drivers and "backer uppers." We can talk all day long about what children *should* do, but adults don't do what they should do, all the time, and neither do kids. As adults we need to err on the side of safety. Toddlers *shouldn't* be outside unsupervised, but they sometimes escape! And they can be run over. I remember the story of a pediatrician who backed over (and killed) his own child, the first and only time his toddler had ever managed to get out of the house on his own. Each of my own children escaped our house once on their own, as toddlers. Live and learn, and praise God that there was no tragedy.

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It is the driver's responsibility to make sure there is NOTHING and NOBODY behind the vehicle when she is backing up. Could have been a child.

I would pay and thank my lucky stars for not causing more serious harm.

 

Yes, but he knew all the kids were inside eating dinner. We have 8 kids and always check when backing up. He did not look behind the back passenger tire though.

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Do you pay for it? My dh was at his sister's house and her son left his bike right behind my dh's rear wheel. He ran right over it... She wants him to pay but he says no way, it's the nephew's fault. Which I agree with. I wouldn't ask someone to pay for my kid's bike when the kid left it behind the wheel of a vehicle. What say you?

 

I do check behind my vehicle every time, but I'm not perfect, and I can see (maybe?) not doing it if I was distracted or in a hurry. I'd be horrified, mortified, ashamed, and besides myself if I ran over a child's bike. I would've felt that I failed at one of the most basic tasks--driving responsibly. I'd offer to pay for it right away and I'd be looking for other ways to make up for it.

 

If it were my child's bike, I wouldn't ask for a payment, but I'd still feel that the adult who drove the car acted irresponsibly. I'd be surprised, if they didn't offer to pay for it, and my opinion of that person would go way, way down.

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I'm thinking not even the "cursory" check was done. I think this was a good lesson for the child (thankful it was ONLY a lesson!), and an equal if not better one for the driver. We could all be more careful as drivers and "backer uppers." We can talk all day long about what children *should* do, but adults don't do what they should do, all the time, and neither do kids. As adults we need to err on the side of safety. Toddlers *shouldn't* be outside unsupervised, but they sometimes escape! And they can be run over. I remember the story of a pediatrician who backed over (and killed) his own child, the first and only time his toddler had ever managed to get out of the house on his own. Each of my own children escaped our house once on their own, as toddlers. Live and learn, and praise God that there was no tragedy.

 

Her kids are 12 and 10 and he left the house as they were sitting down to eat dinner. They live in the country so no other kids were around. He even put his tools in the bed of his truck but did not see the bike. It was pitch dark since they live in the country and only have one light on their house.

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I answered based on how I would react if Wolf ran over one of *our* kids bikes. Our kids have been drilled not to leave *anything* on the drive way, side walks, etc. So, for our family, the child would be responsible for where the bike was left, and it wouldn't be replaced any time soon.

 

 

This is what would have happened if it the bike my DH ran over belonged to one our kids. We had drilled that into them. Toys and people don't belong in driveways. However, being it was another kids bike, my DH felt he needed to show the driver's responsibility is to know what is behind your car. The other family kept saying no, he didn't have to pay for it, the kid should not have left it there and didn't want DH to pay for it. Actually, I think it was just a tire that had to be replaced.

 

ETA: actually, if the bike had been one of our kid's bikes, than there probably would have been some kind of discussion on their responsibility to not leave things in the driveway and we probably would have helped replace the bike. DH and I both feel the onus is on the driver to check.

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I'm honestly surprised by the amount of people who say the kid is not at fault. I was raised to take care of my stuff and if it is not taken care of and gets damaged it is no one's fault but your own. Especially at age 12. There was no risk of him running over kids. Unless he had borrowed a flashlight he would not have been able to see it. Yes, if he ran over a child it would be his fault, but there was no risk of such things happening.

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His nephew is 12. I don't know, i would never ask someone to pay for my child's mistake even if he was 4. If they insisted I may let them pay, but I would never ask. My husband was also there to do free work that she had an estimate from someone to do for $1,500. So, he's saving her $1,500 by taking a couple evenings away from his family to do work for free and she is still asking him to pay for the bike?

 

If you don't like these people, don't pay for the bike, don't do free work for them, and don't park in their driveway.

 

For pity's sake, if there are extenuating circumstances, you are the only one who can judge them. I don't know what this relationship is to you, if it's worth having bad blood over, if the repairs are needed, something you owe them, something you want to hold over their heads, or if SIL is a meanie who is delighted that someone backed over her son's bike so someone has to buy him a new one. I truly don't know.

 

I'm just speaking to the general situation of you don't have to attend a family funeral this week, and you may or may not choose to pay for a bike.

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I (as the driver) would pay, whether I felt it was the justified conclusion or not. If nothing else, to keep the peace and help the boy out. True, the nephew shouldn't have left his bike right behind the wheel, but the driver does have a responsibility to make sure nothing is in the way.

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He shouldn't have to pay for it. Kids need to learn to put up their stuff or deal with the loss.

 

We had a neighbor kid leaving his bike in our driveway. I kept pulling it into the grass. Dh finally put it by the curb hoping the kid would come get it. Trash day came...I was tempted to leave it on the curb....it had been 3 days. Don't you miss your bike after 3 days? I finally put it in the grass but when we saw him again dh told him never to put his bike in our yard again or it would go in the trash after he ran over it. Kid never left his bike here again ;-)

 

So no, you don't have to pay for it. Even being a relative. Kid shouldn't leave bike in driveway. If she had driven over her kids bike it's her fault and she would buy another right? But you are a guest and shouldn't have to inspect under the car before leaving.

 

That's like saying you need to replace a pet who darts in front of you when driving. It's not your fault the animal jumped in front of your car. It's not your fault the bike was left under your tire.

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If you don't like these people, don't pay for the bike, don't do free work for them, and don't park in their driveway.

 

For pity's sake, if there are extenuating circumstances, you are the only one who can judge them. I don't know what this relationship is to you, if it's worth having bad blood over, if the repairs are needed, something you owe them, something you want to hold over their heads, or if SIL is a meanie who is delighted that someone backed over her son's bike so someone has to buy him a new one. I truly don't know.

 

I'm just speaking to the general situation of you don't have to attend a family funeral this week, and you may or may not choose to pay for a bike.

Never said we don't like them. Never was a chance of a child being run over.

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I'm honestly surprised by the amount of people who say the kid is not at fault. I was raised to take care of my stuff and if it is not taken care of and gets damaged it is no one's fault but your own. Especially at age 12.

 

You didn't tell us he was 12 in your original post. For all I knew, your nephew was 4. I would still would pay for the bike, but I would never ask someone to pay for my daughter"s bike. Yes, a 12 year should know to put up a bike, but an adult should know to look before backing up. Who should be held to a higher level of accountability, a 12 year or an adult?

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Her kids are 12 and 10 and he left the house as they were sitting down to eat dinner. They live in the country so no other kids were around. He even put his tools in the bed of his truck but did not see the bike. It was pitch dark since they live in the country and only have one light on their house.

 

No, under those circumstances he should not pay. Especially since he was there doing an expensive favor, and the kid is old enough to know better. Lesson learned (hopefully).

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The kid to bike comparison is not equitable. My answer to your original question about if I would feel differently had it been a person rather than a toy, using identical circumstances of the person/bike lying behind the rear wheel, was rejected by you because there *could* be other ways the child was positioned and what they were doing. A bike cannot hear the car it was left behind turn on nor move itself out of the way. A child doing anything behind a car and being there when it turns on can move. Your "what if" allowing that the child is doing anything other than laying like an abandoned bicycle requires the circumstances to change from what happened in the original scenario, making comparison except by rough analogy useless.

 

No child would ever deserve to be run over, even if they were never taught not to ever be stationary behind a vehicle, forgot that they had been told, or ran behind one chasing any object, and I hope you are not thinking that I feel any other way about it. I would however use this situation as a memorable teachable moment to my child on *why* he should never place himself or anything else he didn't want to be damaged the way the bike was behind any car.

 

 

Well, a very reasonable scenario would be a young child realizing that his bike is about to be run over and running to move it, resulting in damage to the child.

 

Check behind your car before you go and you'll never have to worry about running over something that a child left there, regardless of whose fault it was.

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His nephew is 12. I don't know, i would never ask someone to pay for my child's mistake even if he was 4. If they insisted I may let them pay, but I would never ask. My husband was also there to do free work that she had an estimate from someone to do for $1,500. So, he's saving her $1,500 by taking a couple evenings away from his family to do work for free and she is still asking him to pay for the bike?

 

I would never ask anyone to pay for my child's mistake either. But your DH not paying for the bike is making someone else pay for HIS mistake. The free work is irrelevant here.

 

I think her insistence that he pay is also wrong. He should pay willingly because he made a mistake.

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No, under those circumstances he should not pay. Especially since he was there doing an expensive favor, and the kid is old enough to know better. Lesson learned (hopefully).

 

 

That's how I feel! She's not paying him so she can take the $1,500 he is saving her and buy a new bike. Or she could pay him $100-200 or however much a bike costs and he can buy the new bike with that money. If he was just visiting then maybe I would consider paying for the bike or for half of it, but he;s taking several nights away from his family to do them a favor. Her son broke my kid's toy last time he was over but I did not ask for payment.

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