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Aibu to claim for this?

(240 Posts)
planeymcplaneface Tue 21-Jun-16 23:44:30

Im writing this from the childrens ward of our local hospital after myself, 1yo ds and my dog were hit by a car today whilst crossing at a zebra crossing.
The driver said he didnt see us despite my buggy being bright turquiose and being in the middle of the bloody crossing!! By luck my ds was in an icandy peach which has taken the brunt of the impact resulting in a back wheel coming off and the chassis being totally buckled. He was spun about 3mtrs down the road and ive never been so scared in all my life. He has cuts and bruising to his head but seems okay otherwise. I have tissue damage to my foot and my dog is in shock from what happened.
I genuinely dont know how i feel there are so many emotions going through my head. All i wanted was a bacon roll for my lunch from my friends snack van and this happened. Its certainly been an eventful tuesday thats for sure.
My dad said as much as it isnt nice ive to claim for what happened and also the consultant said id have grounds to as well. However i dont know if i do would it not be a long process if even there is grounds?

PaulAnkaTheDog Tue 21-Jun-16 23:47:11

So you're wanting to sue the driver for compensation?

lacurandera Tue 21-Jun-16 23:47:52

Claim what? From whom? Did you call the police?

Hodooooooooor Tue 21-Jun-16 23:48:42

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

planeymcplaneface Tue 21-Jun-16 23:48:54

I would like something to be done yes as i now have no buggy as it is a wrangled wreck and my son could of been killed had he been going anymore over the speed limit than he was

planeymcplaneface Tue 21-Jun-16 23:50:33

Yes the police are involved and statements have been taken from myself and the driver as well as people in the street that saw it happen. Im not being grabby i would just like to be recompensed for my buggy

sh700 Tue 21-Jun-16 23:51:51

I hate the whole compensation culture but yes I would be claiming. Buggies aren't cheap and it could have been so much worse. Were the police involved? I'd be pushing for a driving without due care and attention charge.

LazyJournalistsQuoteMN Tue 21-Jun-16 23:52:02

hmm

PaulAnkaTheDog Tue 21-Jun-16 23:53:25

How do you know he was speeding? I agree with dera to a certain extent, however we all react to extreme situations differently. Just focus on your child getting better. The suing will probably be a non starter, especially if the driver isn't charged or convicted.

Just be happy you're all ok, it's just a buggy.

BillSykesDog Tue 21-Jun-16 23:54:20

You do probably have a claim for the buggy, but you do realise it will take years to sort out? Also, do you work and will you be losing earning? It doesn't sound like either of you have injuries which will cause ongoing problems.

It's not quite as simple as just 'putting in a claim'. You do have to prove genuine losses for it to be worth anything.

By all means put in a claim, but be prepared that the return may be small and a long time away.

planeymcplaneface Tue 21-Jun-16 23:54:36

The police told me that it would be a dangerous driving charge unless its dropped down to careless driving by the procurator fiscal. I have never claimed for anyrhing before and im loathe to and as i said in my op i dont know if there is grounds to but if the hospital consultant says there is is that not bad?

planeymcplaneface Tue 21-Jun-16 23:57:00

The loss is of my buggy which was destroyed. The police have kept it as evidence for now. I am not looking for £££ as i do realise the driver must be devastated and thats just in bad taste but if i get something so i can get a new buggy then i would be happy at that

CakeNinja Tue 21-Jun-16 23:57:02

I'm really sorry for what happened, what a horrible shock. Glad that the damage is not too serious and I hope you all get home soon. flowers

Re the claiming, I'm not sure, sounds like an accident. I hate this "quick to claim" culture we are fast becoming, accidents happen, and although you probably need a new buggy, what else would you actually be claiming for? Not sure of the procedure.
My sister was involved in a very serious accident resulting in a very expensive closure of the M25 for hours, airlifts to hospital, a fatality (clearly not her), 7 months out of work (self employed) and ongoing physio. She has a claim going through at the moment (2 years on) and the driver who caused the accident was found to be negligent. It has been a horrible process but she was out of work for 7 months and as the sole earner and provider for her family, the past 2 years have frankly been horrific for them all. The claim that is going through will be some compensation for the loss of earnings and ongoing financial repercussions from this.

Other than a broken buggy, do you think you'll need to claim for anything else?

Egosumgism Tue 21-Jun-16 23:58:22

You can claim on his insurance. Suing him is a confusion of terms.

Of course, the insurance company may refute it, in which case you'd be unlikely to succeed in suing him afterwards.

Being in the middle of the crossing suggests that he is in the wrong and that his insurance will pay out. This will include loss of earnings etc for you.

I'd be pushing for a driving without due care and attention charge.

Um... it will be up to the police / CPS. What do you mean by pushing?

kirinm Tue 21-Jun-16 23:58:25

Yes you can claim if you were injured, it's irrelevant if he is prosecuted or not. If the facts are as straightforward you would like it be successful but you will be advised to wait and see how significant (or not) your or your child's injuries are. Your child's money would get paid into court until they are 18 (possibly 21).

Savemefromwine Wed 22-Jun-16 00:00:13

Not sure what the compensation culture is really.

If you are injured and suffer losses like my dd and our family have, then it's a parents duty to claim against hugely rich insurance companies to compensate children and it's the right thing to do.

Op surely you know you should get legal advice. The police will prosecute as you were on s zebra crossing.

Hope you are all ok. Horrible thing to happen

kirinm Wed 22-Jun-16 00:00:31

You would ( if he didn't admit liability) sue him with his insurers funding the damages. I have no idea why someone above suggests you wouldn't succeed if he ran you over. Pretty hard to win those types of cases from the drivers perspective.

planeymcplaneface Wed 22-Jun-16 00:03:41

I will know more about what is to happen to ds in the morning. Due to his age and the fact he has a head injury they mentioned the possibility of a scan of his head. My foot got xrayed as the wheel hurt it but it wasnt broken and apart from that and shock im otherwise okay

Birdsgottafly Wed 22-Jun-16 00:05:42

Yes you can claim.

It may take a couple of years to get a payout, but why should you bear the cost of a new buggy etc?

Wait until the extent of any injuries are known and what action the Police think that they will take.

Is there CTV? That will need to be looked at straight away, so it's kept available.

"" It doesn't sound like either of you have injuries which will cause ongoing problems.""

You don't have to have ongoing problems, to get a payout, especially in the case of a child.

OP, don't be put off by the reply son here.

planeymcplaneface Wed 22-Jun-16 00:05:58

I will speak to someone once ds is home and see what is what. I hate the thought of causing more distress to the driver than he must be feeling. His daughter attends the nursery my sister has just finished a placement at and she said he is forever in a hurry

BadLad Wed 22-Jun-16 00:07:04

If he was insured and liability is not disputed then it could be sorted out very quickly.

Ifonlylovewouldsavetheday Wed 22-Jun-16 00:07:20

I understand people being averse to the claim culture, however unless claims are made that lead to insurance company financial losses, I believe that traffic laws will not be taken seriously

planeymcplaneface Wed 22-Jun-16 00:07:32

There isnt cctv as no cameras where it happened but there is at least 4 independent witnesses that saw what happened. Sister spoke to the man that phoned the police and he was distraught at what he had saw

BadLad Wed 22-Jun-16 00:08:35

The pram / buggy, that is. Injuries will take more time to sort out as it isn't always clear how long they will last for.

AugustaFinkNottle Wed 22-Jun-16 00:10:17

The suing will probably be a non starter, especially if the driver isn't charged or convicted.

With every respect, this is nonsense. OP was hit when half way over a pedestrian crossing. That's very clear evidence on its own that the driver was negligent, whether he was speeding or not. I would think there's an excellent charge of the driver being charged, but that isn't an essential requirement for a negligence claim.

Yes, clearly you should claim, but there's no urgency about it - you've got three years to do so. It's not true that it will take years for a claim to go through: the only delaying factor would possibly be waiting to check in case there are any long term injuries.

You aren't limited to financial loss. You are entitled to claim an element of damages for shock and injury to yourself and your child - obviously your DC's damages will go to him and will probably be held on trust for him.

Cakeninjas post is a classic example of the double standards that seem to operate on MN whenever people mention the possibility of claiming compensation for negligence. On the one hand it's an example of the so-called compensation culture; yet when someone is seriously injured, it's absolutely fine to claim compensation. I wish someone could explain precisely where the line has to be drawn - I've asked a number of times, no-one appears to be able to answer

Fortunately in law there is no such line, because it would be wholly impracticable. There's a fundamental principle which has been in place at least since the 1940s that people are liable for the foreseeable consequences of their negligence, and that includes both compensation for defined financial loss and damages for pain, suffering and inconvenience. T

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