Q: 8-year-old son accidentally hit 63-year-old neighbor in SC. Is it illegal that the neighbor asks $5000 due to her pain?
My neighbor and my mom were chatting in the street near our house. My son, 8-year-old, was riding a bike. When he was around 5 ft away from my neighbor, he stopped and turned his head to talk to his sister, then he pressed down on his pedal while still looking backward at his sister. Then quickly and unexpectedly his bike hit the neighbor’s fingers and her hip and ankle. It happened too fast and surprisingly and every adult failed to stop this from happening. My son didn't do this purposely.
Within two months, I gave this neighbor $600 and some gifts because I felt sorry. I also took her to urgent care, ankle and hip specialists, in total 5 visits to hospital. All X-ray results showed that her bone was fine and it's ligament injuries or inflammation. After almost 2 months, the neighbor complained about her pain in hip and couldn't sleep at night. Therefore, she asked us to pay her $5000 because all the mental and physical pain she has suffered. We feel sorry but should we pay her?
A: Your neighbor can ask for any amount of money for anything such as pain and suffering, but that does not mean that your neighbor would be entitled to anything for same, or the $5,000.00 being requested. If you are going to make an effort to resolve this dispute, or not, you should consult with an an attorney to prepare regardless, either a written settlement agreement or for a claim/lawsuit. If you have not contacted your applicable insurance companies, you should do so immediately to report the incident. If you do pay your neighbor any further monies, you should have it memorialized in a settlement agreement from your attorney so that your neighbor cannot keep coming back asking for more from you.
Tim Akpinar agrees with this answer
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A: Your question has elements of individual values one as well as legal issues. Did you explore the possibility of your homeowner's insurance covering the accident? The answer to that could depend on the carrier and your policy. Whatever you decide to do, it would be advisable to use a release form to memorialize terms for any money settlement. Good luck
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