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DS hit by car - can I claim compensation?

(173 Posts)
Gremlin120808 Sun 07-Aug-16 13:26:13

Hi wise ones.
My 6yr DS was crossing the road holding STBXH's hand. It was at a pedestrian crossing, the road is narrowed and the pavement has those bobbly things underfoot, but it's not a zebra crossing. They looked both ways (left,right,left...wrong way around), and stepped out. The wing mirror of the car hit DS's face. Nothing broken but a bloody nose, black eye and face and big swelling.
Police have dealt with the driver etc (who stopped and was very shaken), but can I claim compensation?? And how do I go about it??
I'm just glad he's alive and don't want to seem like I'm "grabbing", but is this a legitimate claim scenario???
I've never claimed for anything before so don't know what I'm doing!!!!

dementedpixie Sun 07-Aug-16 13:27:12

Yes you are being grabby

thenightsky Sun 07-Aug-16 13:29:10

I don't see how the car could have stopped in those circumstances. It sounds like your DS walked into the car himself.

OddBoots Sun 07-Aug-16 13:30:00

Who would you be claiming from, STBXH?

ElsaAintAsColdAsMe Sun 07-Aug-16 13:30:51

If you didn't suffer any financial loss I think you would be hard pushed to claim anything.

Phone up one of those no win no fee vultures and see what they say. Personally I wouldn't though.

NerrSnerr Sun 07-Aug-16 13:31:23

Was it the driver's fault? I can't see how it is from how you describe what happened.

BluePitchFork Sun 07-Aug-16 13:31:54

actually nothing wrong with considering claiming imo.

are there loss of earnings (due to hospital/dr appointments)?
maybe long term health effects that are not obvious yet?
document everyhing, in case you need to claim at a later stage.

JenLindley Sun 07-Aug-16 13:31:55

Compensation is to compensate you for financial losses you incurred due to the incident.

What losses have you incurred?

WhoTheFuckIsSimon Sun 07-Aug-16 13:32:29

No. And to be honest you want to hope the driver doesn't claim against you for any damage to the car!

TheCrowFromBelow Sun 07-Aug-16 13:32:42

What would you claim compensation for? You son and his father stepped out in front of a car, by yourself own admission any adult lies with them, not the car driver. Your DS was hurt but not in a life changing way. The police have dealt with it. What do you think is owed to you?

Floralnomad Sun 07-Aug-16 13:33:00

Was the driver at fault , the fact the police came doesn't mean it was his/ her fault , if they stepped into the path of oncoming traffic I can't see how it's the drivers fault but if you are intent on suing someone perhaps you can sue your stbex as he was in charge and walked your DS into the road .

TheOnlyLivingBoyInNewCross Sun 07-Aug-16 13:33:47

Yes, what are you being compensated for? Have you incurred medical bills as a result of the accident?

TheCrowFromBelow Sun 07-Aug-16 13:33:48

"By your own admission any fault" is what my post should say.

MajesticSeaFlapFlap Sun 07-Aug-16 13:34:04

Money, money, money

Glad your ds is ok....Why do you want cash? What have you lost money wise?

Floggingmolly Sun 07-Aug-16 13:34:09

don't want to seem like I'm "grabbing"
Tough, you bloody well are. Is that seriously the first thought in your mind after your child's been hurt? Shame on you.

gamerchick Sun 07-Aug-16 13:35:12

Your financial losses are? What do you want to be compensated for?

WhoTheFuckIsSimon Sun 07-Aug-16 13:35:41

I had a similar accident years ago where two people ran out from behind a tree without looking and ran into the side of my car bonnet. I was told I could sue them for damage to my car......I didn't. But if people step into the road without looking im not sure you can blame the driver.

HeartShapedBox Sun 07-Aug-16 13:36:25

Your son's face has been bashed up and you're after money? hmm

HunterHearstHelmsley Sun 07-Aug-16 13:36:53

Definitely an apt time to use the much overused grabby!

Sounds as though your DS/STBXH didn't look properly.... The driver should be compensated for damage to their car if anything!

LIZS Sun 07-Aug-16 13:37:05

So they didn't see the car coming. Was it the drivers ' fault? If it were just a crossing point then pedestrians don't have right of way so maybe your ex is the one to sue for not looking properly. hmm

rainbowstardrops Sun 07-Aug-16 13:39:17

Really?
Money grabber

AnchorDownDeepBreath Sun 07-Aug-16 13:39:37

You'd need to prove both fault and actual losses. If both are present, it might be possible to then add non quantifiable damages, but that's not usual.

In this case, it sounds like there was shared fault. It also sounds like there are no quantifiable damages yet. You could contact a solicitor anyway, but it does seem quite grabby.

Message withdrawn at poster's request.

GahBuggerit Sun 07-Aug-16 13:53:16

yes you might be able to sue your stbxh

good luck

BackforGood Sun 07-Aug-16 13:54:19

Any claim should be being made by the driver of the car, as, from your description they stepped out into the road.
Really annoys me when people get on the ambulance chasing bandwagon. angry

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