Where there’s blame there’s a claim type stuff - any experience?

[TweeterandtheMonkeyman]

Has anyone had experience of claiming for an accident? I actually really dislike “blame culture” and wouldn’t be especially in it for the money ... but my little boy had a nasty accident today and I feel it could have been avoidable (by actions of our local Council) . Any advice/ experiences? I didn’t want to google as I know I’d be hounded by adverts from insurance companies forever!

Bumping for the morning....

I always err on the side of have I come to financial detriment because of this accident, in which case I want that paying for.
Or: by complaining (not sueing) will the thing that caused the accident to happen be fixed and prevented from causing another accident
Or: have I or someone else come to serious, serious harm (which in turn usually incurred financial impact which swings back round to my first point).

For a bit of a sore neck I wouldn't bother mainly because accidents happen and quite honestly I CBA being hounded forever and a day from these companies for the sake of £1k, half of which the company will take in fees.

To each their own mind.

I used to work (at 18) in one of those awful RTA claim places (forgive me, I just needed any job) and it was awful, people were hounded and convinced into claiming for accidents. For the likes of whiplash from a bump on a round about/in a car park etc you'd maybe win £1k-£2k but x% would be taken in feed. And then the company sells your details so you get hounded forever.

You say it's something to do with the council though? What were the circumstances and do you need financial retribution or do you just want them to change process/situation. If the latter, id write a letter of complaint stating the facts and what you think needs changing/improving/resolving and threaten legal action if not acknowledged or dealt with maybe?

Seems very American to me, although I can understand it there given their stratospherically high medical costs. Will any money won be used to aid your son in his recovery after his accident that the NHS wouldn’t cover?

Go to a local solicitor - it’s only through people claiming that the safety regime is actually as good as it is! So by complaining and claiming if you have a case you male things safer for everyone

You can ask if they do ‘no win no fee’ and talk through the options with them to see what will work best for you. Some will offer a free half hour to give you an indication whether you have a claim so you can ask for that first

Do it. They'll have insurance. I work in this area and id always say if you've been injured then claim if you want to. The council won't give a crap about a complaint but will have to take notice and rectify if a claim has been made. Plus - the money will be for the benefit of your child when he's 18. Any treatment he'd need should be provided privately which will help him.

You're about to be hit with a slew of posts about what a terrible person you are for considering it. But in reality, most people would if their child had been injured through someone else's negligence.

And I’m really sorry to hear about the horrible accident - really hope he’s ok

Thank you all who haVe answered so far, lots to think about .

To give a bit more detail - he will have a permanent scar from the injury . And it was caused by falling over something in our local area which a neighbour has now told me has caused a (minor) injury in the past - by tripping into it . So I would be expecting the Council to remove it asap.

..

Your first port of call would be speaking to the council about it and allowing them the opportunity to apologise and rectify the issue. Possibly ask them directly for recompense. Only if I wasn't satisfied with their response would I consider making a claim.
I would probably speak to a reputable solicitor though, and not a claims management company.

I would speak to solicitor first to find out what if anything your child would be entitled to eg for disfigurement. You can’t decide if you would be satisfied by what the council say without knowing what (if anything) you would get by going to court.

You don't have to speak to the council first about the claim. It would be a great idea to tell them about the incident however do they can fix it, but go and take a shitload of photos and measurements first, the sooner the better and make sure the photos are time and date stamped. As the claim will be on behalf of a child you need to make sure it's handled correctly. The council might try and make you an offer to settle which is way below what its actually worth, which if it's been agreed by you will stop your son claiming in the future. If it's significant, permanent scarring then it could cause him significant cosmetic impact as he gets older and more self conscious.

Best advice to speak to a solicitor

Many thanks all, this is really useful , I’m so grateful. I’m going to take photos today- it’s by our house and something I’ve been warning them for years to watch out for on bikes and scooters etc. It’s the scarring I’m upset about on his behalf .

The accident didn’t happen on a bike or scooter though .

In all honesty if it’s a known feature and you’ve been warning your kids about it for years you may not get anything because you/they were aware of it and the expectation is that you are responsible for your own safety. You’d also need to evidence that the council were aware it was a hazard, could have taken reasonable steps to remove/rectify it and didn’t.

It’s not just as simple as “I’ve been injured”, you need to prove they were negligent and that you took reasonable steps to keep your child safe.

My dd had an accident at nursery, resulted in an operation the day of the accident.
She has suffered a permanent disfigurement.
I used Irwin Mitchell, took about a year to get to court but the nursery accepted blame, so it was all plain sailing.
The solicitor was easy to deal with, all done by phone call and letter.
This was 15 years back, so don't know if they are sti a good firm to deal with.

@Jellycatspyjamas

In all honesty if it’s a known feature and you’ve been warning your kids about it for years you may not get anything because you/they were aware of it and the expectation is that you are responsible for your own safety. You’d also need to evidence that the council were aware it was a hazard, could have taken reasonable steps to remove/rectify it and didn’t.

It’s not just as simple as “I’ve been injured”, you need to prove they were negligent and that you took reasonable steps to keep your child safe.

Yes fair enough, I agree. I wish I had noticed and reported it as I might have avoided this accident - I still thinking about what to do but I am definitely going to report this to the council at the very least .

About 20 years ago I fell over a paving and claimed. It was sticking up, and I sprained my ankle and had to visit A and E.

At the time, the council did have a reasonable budget for that sort of work, and the pavement in that shopping area was in a really poor condition. Their insurers paid me £800.

Irwin Mitchell are a large reputable law firm, wouldn't be a bad place to start.