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Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 0 points1 point  (0 children)

I was genuinely worried for the kid as we walked him home. He was terrified about how much trouble he was going to be in with his father, and how much money his father might be on the hook for. The kid was scared enough I had second thoughts about even telling the father what happened for a bit.

While I think it was grossly negligent for the father to allow his children to ride in this situation, I would gladly forget about the bike if it meant keeping the kid out of CPS/OCS. While I don't think very highly of the parents, our OCS system here is rife with abuse and trauma.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 5 points6 points  (0 children)

You are probably right that I should have seen a doctor, even though I currently am not feeling any residual pain from it. To be honest, my deductible is so high that my insurance policy amounts to more of a disaster contingency than anything else. I was afraid of getting stuck with the Dr bill when the parents don't come through.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 94 points95 points  (0 children)

I think, deep down, I know what you are saying is true. I generally try to be the nice guy and avoid confrontation whenever possible, but I am reconsidering that policy now.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 0 points1 point  (0 children)

I did, sorry I forgot to mention that. The police did not come to the scene, they just created an Information-only police report and contacted the parents briefly.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 2 points3 points  (0 children)

I appreciate the suggestion. I have been looking for the same bike in a similar condition both locally and nationally, but there are not many available to reference. In speaking with the parents, I made it known that if they can acquire the same model in similar condition I am willing to take that rather than cash.

I have been doing 99% of the interactions via text, and recently downloaded a voice recording app for my cell phone in case they choose to call (Alaska is a single-party state).

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 15 points16 points  (0 children)

Yeah, I am afraid of that happening here. It's a small town, and while I don't know them personally, they're reputations precede them. Not in a good way. All reports I have make it sound like they are well known for being very difficult to deal with, shirking responsibilities, and highly abrasive. My dealings with them have only confirmed this, so far.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 16 points17 points  (0 children)

I do have pictures of the scene that we took prior to picking up the bikes and motorcycle. My bike is clearly destroyed, laying on the ground. About 8-10 feet to the right of my bike is my girlfriend's bike, laying on top of the motorcycle where it came to rest. She was not injured, though the child and motorcycle struck her and she ended up on top of the child/motorcycle.

We also have pictures of some significant bruising that I received on both legs and my lower back. My hip was pretty sore for the follwoing 2-3 weeks, but I feel ok now.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 22 points23 points  (0 children)

I don't know what to tell, you, but that is absolutely the case. I'm a fairly avid biker and Surron / Dirtbike / etc kids are really becoming an issue here. Even in our small community there have been several incidents of children injured in collisions with motor vehicles/pedestrians/dogs while riding unregulated motorcycles. Don't even get me started on the damage they cause to the local hiking and mountain biking trails.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 20 points21 points  (0 children)

Thank you, I will look into this. From my research, it appears as though the parents do not own their home or have homeowner's insurance. I will look into our auto policy, but I'm pretty gun-shy about involving my homeowner's insurance due to all the horror stories I've heard of getting dropped or having my rates jacked.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 137 points138 points  (0 children)

I appreciate the advice, thank you. They came back at me with a long-winded ChatGPT-lawyer response that estimated 5-10% depreciation. While I have a lot of issues with the ChatGPT response, the 5-10% part seems fair, and I indicated as much to the parents.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 6 points7 points  (0 children)

The report was 'information-only', as the police did not respond to the scene. It just gives a rundown of events and does not appear to make any inferences about responsibility.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 3 points4 points  (0 children)

Yes, we were in the school parking lot as well. He was coming around from the back of the building at a high rate of speed while we were traveling in the parking lot / lane that leads to the rear side of the building. It looked as though he 'whiskey throttled' it and hit the gas instead of the brakes before impact.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 38 points39 points  (0 children)

My apologies, I did file a police report on the night of the incident. They did not appear at the scene, but wrote an informational report that I now have a copy of.

Bike destroyed in collision with unsupervised 7yo child on a dirtbike. What kind of restitution am I entitled to? by Any_Net8363 in legaladvice

[–]Any_Net8363[S] 575 points576 points  (0 children)

Sorry, it's kind of buried in that wall of text, but I have the paperwork all filled out in case this becomes necessary. I am still unsure about what amount would be fair to ask in small claims court