Well given the fact that the child's guardian will not take responsibility for the damages, I think you either eat the damage yourself or seek a legal remedy.

I would strongly suggest filing a claim in small claims court. It isn't hard to do. You just go down to your county court house and pick up the forms, fill em out and plunk down a small fee in the process about $50.

I did this once against a tenant who skipped out on me and owed some back rent and this was a commercial situation so I could go after the firm involved. They just did not WANT to pay the rent. And they had to cough it up.

Sounds to me that you have a very very similar situation here. I suppose that they could claim that the accident never happened and that you dreamed the whole thing up. But most people can not do a bald faced lie convincingly and I would think the judge would be mighty suspicious of such a "defense". Just have documentation on the damages involved on your bike and possibly a witnessed written statement from the LBS mechanic that the damages on the bike are consistent with your account of the accident.

Well,

I agree with you that the most important thing is no-one was hurt, but I don't think you understood the situation presented.

Shokhead was riding along minding his own business and was hit from the side by an inattentive child. In other words, he didnt run into anybody, he was ran into.

Now, you may have a point that taking it further might be more headache than any money recovered is worth, but that doesn't get the kid or their parents out of a moral responsibility to be accountable for their negligent actions.

I guess maybe nobody takes responsibility for hurt they cause down there in AU, but I dont buy that, as I have a friend living in Denmark, Western AU, and he would have told me about something like that.

take care,

Jester

I know you put a smiley there, but don't even go there, threatening the life of someone is a good way to get in deep doo-doo. No bicycle is worth that.

Your joke wasn't even particularly funny to me, but maybe i'm a stick in the mud. Oh, and I don't even particularly like kids, so its not a "who will think of the children" kinda thing either.

peas,

Jester

I'm not out to rustle anyone's feathers. But the kid obviously wasnt looking, or in control, perhaps his feathers need to be rustled to realise the dangers of even running into another cyclist.

Your negative comments toward my obvious joke arent really neccessary.

You say my comments weren't neccecary, I say they were.

Rustling someones feathers by threatening to kill them, is a bad idea. If you want to joke like that thats your perogative, but its my perogative not to like it. I felt obliged to point out death threats are a bad idea in case anyone took you seriously. (Not at all likely, but hey its a free country and I'll say what I believe to be true here unless asked to chill by a moderator.)

anyhow, just MHO and i'll stick by it. You obviously have a different opinion and that is fine.

take care,

Jester

I didnt threaten to kill anyone, my comment was an obvious joke. I think you should heed your own advice and chill.

Peace.

It was an accident! Unlike cars, bikes are quiet. I still think the kid can learn a lesson without everyone involved being nasty. I believe that if you get nasty, threaten legal action and the like, the kid will learn the wrong lesson. The lesson should be to pay attention, take responsibility for your actions and resolve problems in a responsible manner. He may end up learning how to lie his way out of getting in trouble with his parents and the law, and continue to be a biking menace. A little personality goes a long way. People can make mistakes and learn from them. It often happens that good can come out of a bad situation...for all involved.

My parents would have made me drain my piggy bank, then made me work off the rest. When the kid across the street and I busted a bunch of glass down the street, I had to swallow my pride and take all my money with me to apologize and pay off the neighbor. It was hard, but I think it was good for me.

The father is the problem. But kids need to be more responsible.

I agree with your sentiments here Koffee completely. Discuss, discipline, etc. But where does the suing come into it? There's a way to ensure people learn from their mistakes and deception and the like without hiding video cameras and issuing papers.

However I'm sure you're just talking about standing up for your rights which is very important.

I'll go away now.

Sorry to hear about that my friend, and i hope all gets sorted, if this kid doesnt learn his lesson now, he certainly will some day.

And people ask why i dont ever want children.

I'm glad to hear that the kid, and especially you are alright. I have been witness to many crashes in my local bike group (mostly dog related) and it always sucks for both the biker and the other participant in the crash.

The kid did the right thing by apologizing, however I can;t seem to think that <b>you</b> got the short end of the stick, when it seems to be more of the kids fault than yours. It certaintly isn't right for you to be stuck with a busted bike with no reparations, however I agree with your wife and just forget about the court. But if I were in your shoes, I would atleast let the Father have a piece of my mind.

Good luck with your new bike, and ride safely!

my two cents:

i don't understand how if the kid was going full speed, and hit you square in the rear derailluer, you didn't fall down too. the kid fell down, and obviously struck you with enough force to break your frame...that should have knocked you down, unless you slowed down enough that you could catch yourself, in which case, you made the wrong decision...anyway...

i think the kid should have been paying attention, and the parents should have to pay some of the cost, not all. if you saw the kid before you got to where he hit you, you could have avoided it, especially since he hit the rear end of your bike. i'm not saying you're in the wrong or not attentive, but it probably could have been avoided if you had anticipated a collision. it also would have been avoided if the little snot had been paying attention, but hey, the kid is 12, and kids screw up sometimes, it's not like he broke your leg or something...

if it was me, i'd be pissed, but i'd take it to a shop BEFORE calling the guy to make sure any repairs would be worth charging the family for. also so you can say to the guy positively what needs to happen. a broken derailluer hanger is not worth the hassle, and not really worth going to small claims court. if you have to get a new frame, then i'd say make them pay at least 3/4 of it for being neglegent parents, but don't blame the kid. if the derailuer isn't replacable, you can always get one of those stamped steel "feet" that attach via the QR (they used them a lot on cheap road bikes in the 70s and 80s) that will hold the rear derailluer just fine it might not be the coolest thing, but it'll work...of course you'll probably have to get a new dreailluer too, which i would make them pay for some of, and really drive it home that the kid shouldn't be out in the street and there should have been someone watching him. make them feel bad in their hearts, not in their wallets.

oh yeah, the comment "tell them next time you will be a car" wasn't funny to me either. there are some things you just don't joke about.

I'm riding down the street,about 10-12 mph and just as i get to a parked van on my right,i see this kid at the top of his drivway,head down on a bmx and starts going down the driveway as i reach the back of the parked van.Not being able to see him and not knowing if he saw me or is going onto the sidewalk or street,i start to coast and go a little to my left and like a bolt of lighting he comes blasting down from around the front of the van,looks up just as he is turning into me,about the middle of the road.His front wheel hits me in the rear der,snaps it off the hanger as i am brakeing and putting my feet down.He goes down but had lost most of the speed when he hit me.What did i do wrong?Anyway,the lbs said it looks like its just a turing of rim and replacing hanger,around 50-60 bucks but he still needed to check frame.Dad wont return and of my calls now and i havent gotten mad or said anything negitive.I'll just let it go and be happy i get of cheap.The question is do i still ride down the same block that i have been using and seeing the same people and saying hello to for 5 years?

If it were me, I'd continue riding down the street, but I wouldn't bother with them personally. They've proven that they're not good people, and folks like that I wouldn't waste the energy talking or acknowledging.

How they could feel comfortable looking you in the eye after that would surprise me.

I'd just get their address and send them a copy of the repair bill and your address. If they send you some reimbursement, be glad. If not, move on. Life's too short to argue over $50.00

I would continue to ride your route. Don't be uncomfortable, you're not the one in the wrong. The more they see you them more uncomfortable THEY should feel. Maybe to the point of sending you some money!

L8R

I agree, a2! Keep riding by the house after sending them a copy of the repair costs. Too bad the Father won't return your calls...what a wuss.

good show that it only ended up costing 50-60 buckeroonies. i'd keep riding the same route. if your first post you made it sound like he hit you at a 90 degree angle, which i guess he didn't. now i can understand why you didn't get knocked down.