Son Hit by Car Whilst at School

[vivalavida]

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.

[SleighbellsRingInYourLife]

"Lets say any of you drivers on here were involved in an accident that wasnt your fault, and sustained expensive damage to your car.. would you just accept it?"

If there was nobody else at fault, then of course.

It happens all the time.

A 12 year old boy you hit with the front of your car is not responsible for being knocked over.

It is outrageous dickishness to try and bully his parents into paying for damage to your car.

[bunchamunchycrunchycarrots]

It's highly unlikely this is an insurer pursuing a claim - the insurer would have told their policyholder that they would not pursue a recovery in these circumstances. It would be a waste of their time, money and resources. More likely the driver, or some dodgy accident management firm who have got the circumstances wrong and think there is a chance of blaming a 12 yr old for an accident the driver is more, if not completely, liable for. Whoever is pursuing this has no clue how this sits legally and is attempting to intimidate the OP into foolishly believing that they'll have to pay them for the cost of damage to their car.

[cumfy]

The police were informed ?

What did they say ?

[cumfy]

Have you determined why the driver was using this road ?
Were they a learner ?

[StateofConfusion]

I'm astounded anyone could do anything but be apolagetic after hurting a child, but as op says its a young driver I'm guessing this is all about protecting no claims and keeping premiums down.

[soontobeburns]

When I was 16 (7 years ago) I was hit by a car on the way home from school. Had 8 stitches and I'm still scared.

As it was a public road and I was not at lights and arrested and received a caution for jay walking and then the driver threatened to sue myself. She didn't when told it would vbe unlikely she would win.

This is still shocking to me to this day as I just followed the way the other children walked. Happened as I didn't know how filter lanes worked and misjudged when to go.

But yes please fight it. Hope your DS is okay.

[ibizagirl]

Hope your son is ok OP. Don't let him accept responsibility. If you have legal cover through your car insurance, you must speak to them asap. If not then get a solicitor. I expect the driver is using a no win no fee dodgy company. I know someone who barely rolled into a driver (and i mean 2 miles an hour type of thing) on an icy road and he got done on this no win rubbish for 6 grand. The woman in the other car claimed he was speeding down the road (unlikely as the traffic was all queuing so lies) and she got out the car and was fine and laughed it all off etc. Then a letter came for injuries etc and dented car when there was no damage to either car. Terrible time and was called to court etc but told not to go or accept responsibility. She still got the money though through lies and by her passenger friend lying about injury and nightmares. It really was a joke. Don't let this happen to your son. Good luck.

[KittyFane1]

Your son's school should have the correct procedures in place when students are moving from site to site. Do they have a full time crossing patrol (because they should)? They have a duty of care and students should be supervised. I wonder if their silence is because they know that they didn't provide this care and have been negligent?

My son was crossing at a blind spot with other children Well, your son's failure to know his Green Cross Code is obvious and he has done something very dangerous. His 'blind spot' is most likely to be the driver's blind spot too. In that case, how is the driver at fault when a boy steps out in front of the car? The driver could have driven slower but may well have still hit your son.

[PenguinBear]

I'd ring your insurers and ask them... Or go back go the police.

[tallwivglasses]

I'd like op to come back.

[flow4]

Yes, me too :)
Tho' I sometimes forget how fast things can move in MN World... In RL I guess she has only had half an afternoon and an evening... She may have just been >gasp< busy!

[Mincepieanyone]

I think the school needs to take more responsibility. If there is a blind spot then the children shouldn't be trying to cross there for exactly this reason but as a 12 year old you probably wouldn't realise the dangers. Therefore the school should employ measures to make the crossing point safe. It's in their interest to do so and I'm not sure they would come off too well if this went to the local paper for example.
As for the driver, she is taking the piss. She hit your DS, he didn't jump on to her car. If, god forbid, he had been seriously injured, she wouldn't have had the face to try and get money from you. It's just because he is ok that she is trying.
Thirdly, the school should have contacted the police when the incident happened and the police should have taken full control of the situation and be liasing with you. If the school did not involve the police then I would have serious concerns about their health and safety procedures.
Really hope your poor DS is ok.

[flow4]

I'm sure the police will have attended. An ambulance was called. As far as I'm aware, the police automatically come to any RTA if an ambulance attends.

[flow4]

Oops, no, re-reading the OP, it says "was taken to hospital", so perhaps no ambulance... viva, did the police attend?

[ArbitraryUsername]

Kitty: the driver is at fault because she was driving on a road through a school while children were moving between classes (the must have been kids all over the place) and didn't think to anticipate that there might be some children crossing the road in that blind spot. As a driver you are supposed to think about these things. And you certainly don't blame the 12 year old you hit and injured and try to get compensation from him. What you do, is drive very cautiously in that sort of situation.

[nipersvest]

those defending the driver as it was a blind spot - point is, the driver should have recognised it as a blind spot and slowed down to a speed whereby if there was anything in the road, they would have been able to stop. she hit him, not only that, but she hit him with enough force that he, in turn, hit her windscreen. she must have been going pretty fast for that to have happened.

i am amazed by the schools lack of interest in this too. my dc's are both at primary school, and anywhere they go during school time has been involved in a risk assessment, so i would have thought this road, being within school property would have been risk assessed. is there is no official crossing place that is marked out and sign posted?

[JingleBellaTheGymnast]

Of course it's awful that a child was injured, but surely the school is at fault here? Money is really tight for us at the moment, and if my car sustained damage that meant it was undriveable due to no fault of my own we would have no option but to ask for the person/organisation at fault to pay for it. For me, that would be the school.

Not everyone has a protected no claims bonus, and the thought that the driver should be sued for someone stepping out in front of the car seems madness. Surely if there is any suing going on then both sides' complaints should be against the school?

[Acky123]

Still no sign of the OP? Strange that she hasn't come back.

I can't really see how the school is at fault here - OP's son was on a public road.

Equally though I can't see how the driver can sue the son either or his parents.

Sounds like you need some legal advice - I would be checking my house insurance and seeing if there is legal cover on there.

[JingleBellaTheGymnast]

But doesn't the road run through the school site? Surely they should have some measures in place for crossing, if there is a blind spot?

Seems odd that someone can bullseye a windscreen and the police are not called.

[Acky123]

OP said it's a public highway.

My college was on two sites. If I or one of my mates were run over on the walk between them I can't possibly see how the college would have been to blame or responsible for damages.

Equally there was no special crossings - again, the route was a public highway.

Surely it's the pedestrian who is responsible for choosing a safe way to cross, whatever their age? Nowt to do with the school. Not saying the OP's son was in the wrong in any way.

[NotAnotherPackedLunch]

What road signs and road markings are in place to warn drivers of the school entrance and the presence of school children?
Either these need to be reviewed, or if they are already adequate then it would appear that the driver didn't pay attention to them.

[flow4]

Acky, the school has a clear duty of care while pupils are at school and travelling between lessons/sites (as opposed to truanting/sneaking off site).
There must have been a risk assessment in place for pupils getting across that road, and clear rules for the pupils. The risk assessment definitely needs reviewing in the light of this accident, because it obviously isn't working.

[cumfy]

he was hit by young driver in her car

Was she a 6th former ?

[JugglingMeYorkiesAndNutRoast]

I think this would need raising with the school to make sure they look at things to make sure it can't happen again, which could easily have much worse consequences another time.

[VivaLeBeaver]

I thought cars should always be going slow enough to do an e,regency stop and avoid kids, etc running out into the road. That's what my driveing instructor drummed into me. It's why on narrow residential streets with parked cars I may well only do 20mph or even slower, even though speed limit is 30.

Driver was going to fast if she hit someone.