Son Hit by Car Whilst at School

(138 Posts)
vivalavida Mon 10-Dec-12 13:53:37

Several weeks ago my 12 year old son was hit by a car whilst at school. The school is split across two sites with a rarely used single track road running through the middle. This is classed as a public highway although as I say very rarely used as it is not a through road.
My son was crossing at a blind spot with other children going from one lesson to another. They were unsupervised and this is normal practice. As my son stepped out of the blind spot to see if the road was clear, he was hit by young driver in her car. The impact was enough for him to smash the windscreen and he was taken to hospital.
Very luckily he walked away with only major bruising.
After a week off school and two weeks off sport he is now almost physically recovered, however we have now received contact from the driver asking for damages.
There were no direct witnesses to the accident apart from the driver's partner who was also in the car and my son's friend who is also 12.
It is still very difficult to ascertain who is ultimately at fault and we are reluctant to enter into a conversation without advice first.
The other issue is that the school seem non-plussed about the fact that our son has been injured whilst in their care, regardless of who's fault the accident was.
I really don't want to jeopardise his education by falling out with the school as he is happy there and doing well, however, if we do pay then we are admitting liability and may leave ourselves open to future claims.
Any advice would be greatfully received.

AnyaKnowIt Mon 10-Dec-12 13:55:19

Hang on, your son was hit by a car and the driver wants money from you?

seeker Mon 10-Dec-12 13:55:41

Whwt did the police say when you reported the accident?

TheCraicDealer Mon 10-Dec-12 13:56:24

Was it a solicitor's letter or something they've knocked up on word? I thought the driver was always at fault when there was a pedestrian involved?

drjohnsonscat Mon 10-Dec-12 13:56:36

If they want to sue anyone they should sue the school surely? Your poor son - terrible for him and for you.

ContinentalKat Mon 10-Dec-12 13:57:30

You should get some legal advice ASAP. I am by no means a legal expert, but since when does the victim of a road accident pay damages to the one who injured him?

ElenorRigby Mon 10-Dec-12 13:58:28

Post this on the legal forum!

She is having a laugh. Do not pay.

I'd be having words with the school too and reminding them of their responsibilities in loco parentis.

CailinDana Mon 10-Dec-12 13:58:45

As far as I know once a pedestrian is on the road they have right of way, so legally the driver is always at fault if they hit someone. Apart from that, that woman has a serious brass neck to be asking for damages when she could have killed a child. Most normal people would be falling over themselves to apologise, she's looking to make money out of it. What a horrible shit she is.

FivesGoldNorks Mon 10-Dec-12 13:59:15

Surely not!

Witchety Mon 10-Dec-12 13:59:51

Yes, I was warned about this when my son was recently hit by a car ( on his journey to school)

In our case the driver sent a card to apologise ( absolutely not her fault) police told me to keep it in case of a claim

And school were amazing! A pupil saw the accident and called the school. His head of year and another teacher got straight to the scene and one went in ambulance with him. Both teachers phoned twice a day to make sure we were all ok. I have never felt so 'cared' for! Funny how schools all differ so much

Jins Mon 10-Dec-12 13:59:54

This is down to the premiums that young drivers have to pay unfortunately. If this goes as a blame accident with an injury then the premium will be astronomical. You should get a solicitor to help on this one

fromparistoberlin Mon 10-Dec-12 14:00:58

this cannot be true

someone run over your child, and they claim damages

sweet jesus

read posts here, and GET LEGAL

poor boy

please call police and before you do anything report the incident

CajaDeLaMemoria Mon 10-Dec-12 14:02:10

Yep, get legal advice.

I'm guessing this is a home-produced document and they are just trying their luck after realising how much a new windscreen in, but they are having a laugh.

Once a pedestrian steps onto the road they have right of way. It doesn't matter if she saw your son or if she expected him to be there, or even if he wasn't supposed to be there. She pays, because the vehicle was in the wrong. She should not have continued driving.

Contact the police officer who took your statements etc, to make sure that this is all logged. They should also sort out her request for "damages".

TheCraicDealer Mon 10-Dec-12 14:02:11

Exactly Kat, sounds like someone chancing their arm.

If it's some shoddy DIY "I want compo" job I'd be inclined to ignore it until it's followed up with a solicitor's letter. If what you have is from a solicitor then I'd pass that to your Insurers for their information and the school. With them I'd basically be like "your problem, get it sorted".

TheCraicDealer Mon 10-Dec-12 14:02:38

But yes, post on legal and get a solicitor!

BerthaKitt Mon 10-Dec-12 14:05:12

I imagine it will be the driver's insurance company who are suing you in order to recoup the money they have paid to repair the car. What did the police report say about fault? Was the driver charged? I'm assuming not.

Drivers are not always at fault, not if a pedestrian acts recklessly and steps out into the road giving the car no chance of avoiding them. Not saying this is what happened in your son's case! I'm glad he wasn't seriously hurt.

Look up your car insurance. You should have legal expenses. They will put you in touch with a solicitor who can help or even make a counter claim. Alternatively there may be legal expenses on your household policy.

Dh (lawyer) says they are having a laugh.

DO NOT PAY OR ACCEPT LIABILITY!

Feel free to pm me if you need details of a solicitor who can help depending on your area.

Softlysoftly Mon 10-Dec-12 14:06:13

[sshock]

On other matters how is it safe for a school to have a barely used through road in the centre. It's inevitable kids will become complacent about it.

Witchety Mon 10-Dec-12 14:06:22

It does happen.... The police told me to be prepared for it

WorraLorraTurkey Mon 10-Dec-12 14:06:59

I witnessed a teenager being run over a few years ago.

Then a couple of days later I got a phone call from some 'No win - no fee' merchants on behalf of the bloody driver. The Police had given them my phone number angry

I told them to bugger off and they didn't ring again.

Softlysoftly Mon 10-Dec-12 14:07:13

shock even

HeftyHeifer Mon 10-Dec-12 14:08:55

Get legal advice ASAP. This happened to me and my family when I was hit by a car as an 18 y/o. I was in hospital with serious injuries and the very next day my mother received a letter directly from the driver (not her insurance co or solicitor) asking for the money to repair the car.
In our case it was determined that it was my fault that I got knocked down and eventually the money was paid, less than she tried to claim, but it's important to take legal advice.

Pantomimedam Mon 10-Dec-12 14:09:18

Your poor boy - wow, how DARE they! As everyone says, they are at fault here. Tell them to sod off (well, actually get some legal advice - do you have cover on your home insurance?).

Re. school, they should have a travel policy that addresses the risks of pupils crossing this road. I'd ask to see their risk assessment for this road crossing and ask when they are going to review the instructions to pupils following this accident (am a governor, schools have thousands of policies covering every tiny detail, your son's school ignoring a pupil being run over on site is just ridiculous).

MisForMumNotMaid Mon 10-Dec-12 14:09:21

Can you phone the county council legal team if he's 12 and it was during school time surely the responsibility morally lies with them to help you through this. A phone call to your county council receptionist might help.

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