Car-bicycle Accident- Fail To Remain...
My son, the 16 year old teenager, was cycling along the road and saw a car slowing down ahead of him without showing any turn signals. Unsure of the driver actions, my son turned to the deserted sidewalk on his right where he continued biking for some time until car turned sharply right to his driveway just a meter in front of my son without seeing him. To avoid a collision my son turned right but car continued moving since the driver still didnt notice him and the collision occurred. My barely managed to keep control of his bicycle and avoid a serious injury, however his left leg was hit. He was in such shock and pain that he couldnt think clearly and was not able to use right judgment and tried to distance himself from the collision scene to check his hit leg.
This accident was investigated by a police officer who granted my son with "Fail to remain" ticket. He told us that the driver would be charged for careless driving since he didnt notice cyclist on a sidewalk and collided with him when making a right turn to the driveway if my son did not leave the scene.
In spite of the "Fail to remain" ticket the car driver (plaintiff) wants us to pay his full damage ($1122.04) as this according to plaintiff this will not be reimbursed by his insurance company making a statement that the plaintiff should not have to make a claim for repairs on their automobile insurance when the individual responsible for the damage is known and bring this issue to the small claims court. Is this legal as the bicycle is covered under my home insurance company? The plaintiff has to prove one of three things: Negligence, intentional tort or strict liability.
Can it be the case?