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Collision with mobility scooter: who is liable and how long does the user have to claim?
My son was reversing out of my drive when he collided with a mobility scooter which was driving along the path. Her handlebar went through his back light causing damage. She said that she was OK but pointed out a crack at the base of her scooter. This happened 26th December 2006. I have just received a letter from her wanting £230 pounds for repairs to a black scooter, but the scooter involved was a red one. The accident happened 4 months ago and she as just decided to put in a claim. Does she have the right to do this and who is to blame. I told my insurance and they have told me just to pay the £230 but get her to sign a letter disclaiming any other damage if I agree to pay her. My excess is £200. Is this correct and should she have been insured too? Please advise me.
Mobility scooters are not immune from the law and operating a mobility device carelessly, inconsiderately or at a hazardous speed can result in prosecution. However they are not required to have insurance.
Mobility scooters are allowed - and indeed should - travel on the pavement and that your son was reversing and presumably didn't see her would make him responsible for the original accident and a claim could be brought against you to repair the damage.
There is nothing to stop the claim being lodged late (or indeed for up to six years later). However the repairs your son is responsible for amount to the damage to the red scooter not a black one and you should quiz her as to the discrepancy. Under the circumstances your insurance company is giving you good advice to settle the claim and it would be a very good idea to obtain a disclaimer.
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