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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Aibu to claim for this?

239 replies

planeymcplaneface · 21/06/2016 23:44

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?

OP posts:
Wyldfyre · 23/06/2016 14:29

*intent

BadLad · 23/06/2016 14:30

Actually murder only needs intent to cause GBH.

BadLad · 23/06/2016 14:31

But anyway, either they've changed the definition of "accident" since I learned what it meant, or people are talking crap saying this wasn't an accident.

AugustaFinkNottle · 23/06/2016 14:31

No evidence of intent to cause GBH from what has been posted here. OP doesn't suggest that the driver knew her or that s/he might have targeted her for any reason, or indeed that s/he just decided to try to harm some random mother and child.

AugustaFinkNottle · 23/06/2016 14:32

Plus intent to cause GBH can't be the mens rea of attempted murder.

BadLad · 23/06/2016 14:34

Nobody said it could.

It seems to be going over heads that the Attempted Murder suggestion was mocking the idea that this wasn't an accident.

BadLad · 23/06/2016 14:36

Unless you are pretending that it went over your head, and that is going over my head, and

Ah, fuck it

Wyldfyre · 23/06/2016 14:47

Yes, with GBH you need to INTEND to hurt someone, which I highly doubt this driver indended to do. That aside, there is no crime of GBH is Scotland BadLad

This will be either dangerous driving or careless driving

Morgan · 23/06/2016 14:48

Hi Boaty sorry to hear about your accident - it sounds v scary .
I'm a personal injury solicitor and would say that it sounds like from what you have said that you would have grounds to bring a claim against the driver as it seems he was negligent and his insurance company will deal with it. As another poster said if you have home insurance you may have legal expenses insurance and the legal expense insurers would appoint a firm for you to deal with the claim . If not most firms will offer a free first interview - you want a solicitor used to doing personal injury claims to deal with your case .
Keep all receipts for any expenses . You can obviously claim for the buggy and vet's bill and any other losses . Also you are entitled to compensation for your injuries ( called general damages ) for you and your son - the solicitors would get reports on the injuries to support the claim for the damages for the injuries .
Please ask if you have any questions .

BadLad · 23/06/2016 14:56

Yes, with GBH you need to INTEND to hurt someone, which I highly doubt this driver indended to do

Indeed. So hitting the OP et al was indeed an accident, seeing as there was no intent to do it.

Wyldfyre · 23/06/2016 16:07

Then why are you going on about attempted murder?

Kit30 · 23/06/2016 16:15

It absolute won't take years to get a pay out. If the drivers at fault and the circumstances are as clear cut as you say then his insurers will make an interim payment pending resolution of any injury claim - these take longer as compensation depends on how you and your DC recover from any injury, as well as the nature and severity the f the injury itself.
Even if he's not insured you can claim - any solicitor will give you the information. Best advice? Go to your local high street solicitor and they'll often see you for basic advice for free.
Horrible for you, hope you all feel better soon Flowers

AnecdotalEvidence · 23/06/2016 16:16

"Accident" doesn't mean that no-one was to blame or should be held responsible.
They may not have intended that outcome, but their negligent or irresponsible behaviour resulted in the outcome.

BadLad · 24/06/2016 00:52

Then why are you going on about attempted murder?

Just five posts before you posted this I explained that I was mocking the suggestions that "there was no accident here" rather than actually suggesting that this was attempted murder.

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