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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:
AugustaFinkNottle · 22/06/2016 00:11

Agh, an excellent chance of the driver being charged, not an excellent charge.

applecart09 · 22/06/2016 00:13

Yes you should claim. My friend was in a similar incident where the car mounted the curb and hit her two DCs in tth pram.

The driver's insurer paid out a four figure sum including counselling for her.

Three years down the track she still has trouble crossing thr road, but the therapy did help a lot, as she couldn't leave the house before then.

Payout was under a year.

kirinm · 22/06/2016 00:15

I think the child has 3 years from 18/21st (??) birthday to claim? Basically there's no rush but absolutely no reason why you shouldn't claim if you are injured or even if it's just for a replacement buggy.

hownottofuckup · 22/06/2016 00:16

Yes of course you should. Definitely.
You poor thing what a terrible shock Flowers

SylvieB74 · 22/06/2016 00:19

Oh my god! You poor thing(s). I hope the driver is feeling bloody awful perhaps then he won't be distracted by God knows what and go around nearly killing babies and doggys 🙁. Just because there are so many pathetic dishonest people with their false claims, don't let that stop you claiming when it's genuine and you deserve it. I wouldn't feel bad for the driver i'm afraid, drivers should always be aware that they are in control of a potentially lethal huge machine! I feel angry for your baby let alone if it was mine.

PerspicaciaTick · 22/06/2016 00:21

His insurance company ought to be replacing the buggy, paying for any financial costs you incur because of the accident and potentially an additional amount for your pain and suffering.
This accident wasn't your fault and, at the end of the day, you shouldn't be financially inconvenienced because of it.

SilverBirchWithout · 22/06/2016 00:21

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

planeymcplaneface · 22/06/2016 00:21

I have no idea who the driver is id need to get his name from the police. Its pure coincidence that his daughter attends the nursery my sister worked at.

OP posts:
DancingDinosaur · 22/06/2016 00:25

Yes you should claim. I'd seek legal advice.

PerspicaciaTick · 22/06/2016 00:25

SilverBirch - I imagine there is a lot of time sitting around and waiting for the hospital to do it's stuff, especially in the long dark hours of the night. If the baby is sleeping and the OP can't settle because the accident is whizzing around in her mind, why shouldn't she look for information online?

planeymcplaneface · 22/06/2016 00:25

Let me get one thing clear here i am NOT priorotising finacial gain over my sons welfare and im very offended some people think that i am! I posted for some advice, yes im in shock at what happened but that doesnt mean i have lost leave of my common sense. I was just wanting really to type out what happened to me and my son to get it off my chest while asking for some advice at the same time. Seems that was clearly wrong of me

OP posts:
PerspicaciaTick · 22/06/2016 00:27

planey - you're fine, of course it is OK to post. There is always someone ready to leap and try and kick someone who is already down. Just ignore them.

planeymcplaneface · 22/06/2016 00:30

perspicacia he has been sleeping since 8pm and ive paced the ward, had a bath, been outside to update family and i still cant sleep

OP posts:
AugustaFinkNottle · 22/06/2016 00:35

I'm afraid some people get brainwashed by all the fearmongering nonsense that some of the tabloids print about compensation claims. It's a perfectly sensible and rational thing to do.

UnderTheGreenwoodTree · 22/06/2016 00:35

How shocking and frightening.

My dsis claimed for a neck injury when she was hit by another driver (she was also driving). Afaik it wasn't a bad, drawn out process - she needed a doctor's report iirc. Perhaps it was straightforward because it was sorted through the 2 insurance companies though.

I wouldn't think about it right now - you will be in shock and must have a million thoughts and emotions and what-ifs running through your mind. Glad you are all ok Thanks Maybe just ask your doctor or the police how you'd go about it if you wanted to make a claim. I don't see why you should be out of pocket on the buggy.

IsItIorAreTheOthersCrazy · 22/06/2016 00:36

I work in car insurance claims.

Firstly, you won't be able to do much for at least a few days so your best bet is to concentrate on your ds.

To make a claim, you're going to need the drivers name, registration and insurance company, then it is a case of calling them and seeing if they can help or instructing a solicitor.
I would advise dealing direct if possible, as it will be quicker.

The insurer will need to have spoken to his insurance before they can help you, which is why I suggest you wait a few days.

Regarding the compensation culture - claiming because you can or to punish the driver is what perpetuates the problem. Having a genuine financial loss (like your pram) is not the same thing Hmm Of course this accident shouldn't cost you any money.

For the injury, it's too soon to make any decisions. If you are injured, you may not really feel it for a day or so, and you have time to see how you feel and if you have anything to claim for.

Also, a charge from the police for the driver is completely separate to your claim. You can't push for this and the result of the police investigation will have no baring on the claim.

And lastly, to the poster who said she hopes the driver feels awful, he probably does. No one deliberately runs down a mother and her child - quite often the drivers are traumatised too - I've never spoken to a driver in an accident like this that wasn't deeply effected.

I hope your ds feels better soon OP Flowers

sykadelic · 22/06/2016 00:37

I can't offer advice but I did want to offer Flowers

I cannot even begin to imagine the shock and horror you felt at the time, and feel now.

FWIW I too would at the very least (as medical bills are covered correct?) seek replacement of the buggy at least in the interim, you obviously still need something to take your child out in. I would then wait to see how you feel as time passes to determine whether you'll need further assistance in terms of counseling etc

Italiangreyhound · 22/06/2016 00:38

planeymcplaneface so sorry this has happened. Yes, of course get compensation, take advice on that, yes, of course asking about that is fine and it does not in any way imply a lack of care for your son.

The driver is a complete idiot and needs to feel genuine remorse and in some circumstances might even find it hard to drive again for a while, but he could have killed all of you so maybe his not driving for a while will be a good thing.

Had you been driving and he ran into you and wrecked your car of course you would be claiming compensation.

Please ignore any cruel comments.

Thanks
planeymcplaneface · 22/06/2016 00:40

In regards to the driver being charged or not that is nothing now to do with me. I gave my statement and that was that. The victim support card i got with the dealing officers details said careless/dangerous driving as cause of accident

OP posts:
AdjustableWench · 22/06/2016 00:43

So sorry this happened Flowers.

You should consult a solicitor with experience in this field, since it's early days and you might not yet know if there's any long term damage.

I do hope you'll all be ok.

WeirdAndPissedOff · 22/06/2016 00:48

Wow, some harsh replies!
I hate the "claim culture" too, but you've suffered a financial loss and potentially injury from the driver's negligence.

IsItI summed it up well, I think.

In any case I'm sorry you have had to go through this! I hope your and your DS are ok. (And the dog too!)

jaxxyj · 22/06/2016 00:50

Sorry to hear this, I agree with Isitorthat you need to see how things are in a few days. You won't know for a while what the consequences of the accident are on you. Are you ina union? They often cover personal injury for free. If not I would look at getting a solicitor that specialises in personal injury. You are not fraudulently claiming here and are entitled to claim now just for the buggy but for any other consequences to your health Flowers

AntiHop · 22/06/2016 00:56

That sounds like a terrifying experience. Flowers

planeymcplaneface · 22/06/2016 01:03

Ive never felt fear like it in all my life my heart nearly stopped when i saw my sons buggy lying in the middle of the road it was absolutely horrific and i never wish it to happen to anyone

OP posts:
britbat23 · 22/06/2016 01:04

Of course you must claim.

If the driver had rear-ended you at a junction, damaging your car and injuring you and your son, you wouldn't think twice before claiming both for the financial loss and for the trauma.

Only an incredibly reckless or incompetent driver could cause an accident like the one you have described. He must be thoroughly punished, things could have been much much worse.

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