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Should I pay?

Hi I really need some opinions.  My 13 year old daughter was involved in a biking accident with her friend.  The friend swerved in front and stopped causing my daughter to hit her back wheel.  My daughter flew over her handle bars landing on her wrists...she was quite hurt.  The other girl was not injured, but her back wheel was ruined.  i had to take my kid to the ER for X-rays...she was almost passing out in pain...she has broken this arm in 3 places before.  Thankfully, it was only a bad sprain and they put her in a brace.  A few days later the other child texted my daughter that she was so sorry but her dad says we have to pay for her bike.  I was like floored!  I called their house and no parents were home so I told the girl...we had to take our kid to the ER..we will have our own bill to pay...I think we are even, it was an accident and no one's fault.  I told her to have her dad call me.  Well he did, but he left me a mean voicemail.  So....my husband calls him and got into it..it was nasty.  He Blamed the whole thing on our kid and said when you break something of someone's you fix it!  We are almost numb that someone is this insensitive.  my husband refused to give him money.  My question is am I crazy or is this the rudest thing you've ever heard?  This is obviously going to affect their friendship and that's what makes me mad.  i almost feel like paying for it so this kid won't be mad at my kid...but...ugh...I think it is ridiculous!  Help!


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"It is not the years in your life that count, it is the life in your years." -Abraham Lincoln

"Do what you F*CKING believe in" -Billie Joe Armstrong (Greenday)

That is nuts.  I dont think you should have to pay for her bike.  I think you are in the right here.

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Did the other girl signal that she was going to stop or turn? If not, then the accident was her fault. Even in a car accident if the vehicle in front stops suddenly without signaling and causes an accident, they are often issued a ticket for being the cause of the accident.

As she was at fault, I would consider sending her (and parents) a bill for your daughter's ER visit and other accident-related medical costs.  I can guarantee that what you are having to pay for the injuries is going to cost a whole lot more than the cost of a bicycle tire.

Of course, that's not legal advice.

Posted 2009-07-03T16:24:19Z
clhend was invited by Yedda to answer this question.

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1 helpful answer

small claims court

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