I was in a school car park recently with my children and a reversing car, from the neighbouring bay to mine, ran over the front wheel of my child's buggy with my toddler in it. Thankfully she was unharmed but the buggy was damaged beyond repair.
The driver claims it wasn't her fault and that as I wasn't with the buggy all the time (I was unloading the buggy then my toddler into it, then returned to the boot to close it) and my 8-year-old daughter was standing behind the buggy, it was neglect on my part as I 'left a small child in charge of a buggy in a car park'. By the time she reversed over the wheel of the buggy, I was standing at the front and watched it happen in horror.
The other party refuses to accept any responsibility - 'the buggy was in my blind spot', 'the older child must have pushed the buggy into the danger zone', and all manner of other excuses.
I want to pursue her for the cost of a new buggy (a fraction of the price of the original) and wonder whether there is a hard-and-fast rule in law about who is to blame when reversing in a car park, especially a school one where there are expected to be children around!
I know Rule 202 of the Highway Code suggests she's got to be aware of everything, but does it hold in law? She hasn't given me her details (no idea about her insurer) and as I wasn't in the car I didn't speak to my insurer. However, with the school possibly being able to pass me her details (they know who it is) then I'd like to pursue it to get what I feel I'm entitled to.
Any thoughts?
The driver claims it wasn't her fault and that as I wasn't with the buggy all the time (I was unloading the buggy then my toddler into it, then returned to the boot to close it) and my 8-year-old daughter was standing behind the buggy, it was neglect on my part as I 'left a small child in charge of a buggy in a car park'. By the time she reversed over the wheel of the buggy, I was standing at the front and watched it happen in horror.
The other party refuses to accept any responsibility - 'the buggy was in my blind spot', 'the older child must have pushed the buggy into the danger zone', and all manner of other excuses.
I want to pursue her for the cost of a new buggy (a fraction of the price of the original) and wonder whether there is a hard-and-fast rule in law about who is to blame when reversing in a car park, especially a school one where there are expected to be children around!
I know Rule 202 of the Highway Code suggests she's got to be aware of everything, but does it hold in law? She hasn't given me her details (no idea about her insurer) and as I wasn't in the car I didn't speak to my insurer. However, with the school possibly being able to pass me her details (they know who it is) then I'd like to pursue it to get what I feel I'm entitled to.
Any thoughts?