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Compensation for children ?

(16 Posts)
mamatomany Tue 11-Jan-11 23:42:18

My DS was in a RTA with me driving.
The other party has admitted full liability and I settled, for a relatively small amount it would seem but nevermind.
As I say DS was in the car and I am now concerned that he may have been injured and because he's so small we wouldn't know the extent until he's older, or maybe not at all.
People have been advising me to claim for him but I understand if I do that we have to go to court and the funds are held in trust for him until he's 18.
I'm wondering if this is the best way to proceed or if I should let him bring his own claim when he's 18 ?
My worry is what if the insurance company is no longer around then.
Any thoughts, I really do not want to go to one of these no win no fee vultures that will add £20k in fees.
Thank you

SlobbyBOB Wed 12-Jan-11 04:00:47

Did he actually sustain an injuries.

Did you have him checked over medically afterthe RTC. ?.

What is it you are claiming for ?.

mamatomany Wed 12-Jan-11 10:36:55

Yes we both went to A&E and were discharged, i did pull a muscle but nothing major and was compensated for that. My worry was that we wouldn't know yet if DS had suffered whiplash as obviously he can't tell us but in years to come he might suffer as a result, my MIL is still suffering 25 years later from an RTA injury.

Resolution Wed 12-Jan-11 12:26:28

Limitation period of 3 years will start to run from his 18th birthday.

coccyx Wed 12-Jan-11 12:29:14

Not sure how you would not know he had been injured. Wouldn't you need some evidence or everyone could claim

scurryfunge Wed 12-Jan-11 12:31:38

If the hospital was not worried about any injury by discharging him and he has shown no signs of any injury or pain, then I can't see what you would be paying for. How could you link any subsequent problems years later to that collision?

scurryfunge Wed 12-Jan-11 12:32:17

claiming, not paying, sorry.

mamatomany Wed 12-Jan-11 12:35:46

They paid £1,500 to me and I was discharged too, the symptoms can appear years later, it's not a case of whether I make a claim more of do I claim now and accept the amount which will no doubt similar to what they paid me or do I wait until he's 18 and see what if anything else appears as a result of the accident.
Dr's can date injuries, plus you know yourself what you've been involved in.

scurryfunge Wed 12-Jan-11 12:38:50

Well if you can get money on the offchance, then go for it.It's all the rage grin.

canyou Wed 12-Jan-11 15:29:42

I would have thought your son would have to sue you as the driver and then your insurance would take costs [if awarded] from the other person, at least that is how it is done where I am from so I could be wrong but check as it may affect your insurance in the future.
On another point was he in a car seat and did you replace it?
I have seen 2 children come away from a high speed impact crash without a mark and no longer term effects as their seats are now so well designed and protective, yet the front passenger was killed and the driver very seriously injured.
Also with muscle and whiplash injuries young children tend not to suffer from them as they do not tense or brace waiting for the impact, did he have burn type marks from the seat restraints, tbh it would have been brain impact injuries that would have been my concern?
Can I be nosy and wonder why you did not claim for your DS at the same time as your own claim surely your insurance/solicitor knew your dc was in the car and you had to pay out for a new car seat [which you should have claimed for]?

canyou Wed 12-Jan-11 15:30:21

Sorry that should have read sued through you as the driver

Resolution Wed 12-Jan-11 15:43:12

You have to be able to prove loss or injury to make a claim.

ivykaty44 Wed 12-Jan-11 15:47:05

I was hit from behind in a car I was driving, the other car was a write of and my dd1 had whip lash.

The insurance comapny made an offer for me, which I excepted and they made an offer fro dd1 which I refused. So it was upped and I agreed and then we had to go to court with a barrister and see a judge who basicly agreed the amount and rubber stamped it.

Then the money was kept in court funds until she was 18 and then it was paid to her directly

as far as I am aware you have to start a claim of this nature within three years of the event

Resolution Wed 12-Jan-11 16:32:22

Not the case for minors, who have until 3 years after their 18th birthday.

mamatomany Wed 12-Jan-11 16:49:17

Ok so does anyone have any opinions on the best way to proceed, they've made an offer, my worry is if I accept and then he has problems in the future and the amount isn't enough then it'll be my fault for accepting the first amount.

sneezecakesmum Wed 12-Jan-11 21:44:11

If DS was discharged from A&E with no apparent injuries I dont see how you can claim that this particular accident caused a problem which occurs in the future. There has to be a direct correlation with the accident for the insurance company to accept liability. If for instance in 5 years time DS complained of arm/chest pain, it could easily be tied to a more recent accident eg falling off a swing.

Young children rarely suffer the type of long term whiplash sequelae in the way adults do because their different anatomy.

I think you are worrying unnecessarily and just be grateful DS was strapped in and well protected.

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