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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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:
Original poster
planeymcplaneface · 22/06/2016 01:16

He maintains he hadnt seen us but we were on the 2nd stripe almost 3rd stripe of the zebra crossing so pretty hard to miss imo

OP posts:
Tartyflette · 22/06/2016 02:01

If he hadn't seen you on the zebra crossing he bloody well should have done!
As long as the driver was insured his insurance company will compensate you for your losses, and possibly for any injuries to you and your child (I do hope they're not serious.)
A few years ago i was involved in an accident where a van driver went straight through a crossroads where he should have stopped , and t-boned my car in the process. I had right of way .
My mother, (passenger,) and I both had fairly minor injuries, cuts, bruises and cracked ribs, and my DM was taken to hospital. We were in some pain for a few weeks, cracked ribs are a bugger.
After a few months my DM and I both received low four figure sums for our injuries, plus the value of car which had been written off. That seemed to be a fair result to us.
My insurance company's lawyers claimed the money on our behalf and advised us what we would be likely to get as compensation -- these things have a sort of sliding scale which the insurance companies all stick to.
So, they will certianly pay out for your material losses i.e. the buggy, damage to clothing or personal possessions (handbag etc ?) and possibly for your injuries too.
And, OP, my payment did also include an amount for emotional trauma, as I kept having flashbacks where I saw the van bearing down on us and hitting us all over again. The insurance company sent us to a private GP to be examined about all aspects of the accident and injuries -- it was all extremely thorough and taken very seriously.
You should be able to get his name and car details from the police.

Original poster
planeymcplaneface · 22/06/2016 02:04

The only possesion damaged was the buggy and i have a small rip in my jeans at the knee that is barely noticeable. Im more worried about ds injuries being so young and the force he got hit at i really do hope there is no lasting damage to him. Id be devastated if there was

OP posts:
OfstedCalling · 22/06/2016 02:10

Hope you and your ds are ok Flowers

Clandestino · 22/06/2016 02:14

Ask the police to check the activity on his mobile phone, calls, texts, whatsup...

Original poster
planeymcplaneface · 22/06/2016 02:17

Are they able to do that clandestino?

OP posts:
VioletBam · 22/06/2016 02:37

OP how awful! I hope you're ok and DS is too. Poor you!

Flowers

Of course you should claim.

Tartyflette · 22/06/2016 02:40

It's probably something look at fairly routinely these days after a serious accident (and a one-year old in hospital after being hit by a car on a pedestrian crossing IS serious.)

Tartyflette · 22/06/2016 02:41

...something the police look at fairly routinely....

MrsRyanGosling15 · 22/06/2016 02:42

God I hate all this shite on here. In the world of MN no one ever claims for anything. Op you were in the middle of a bloody crossing, you are both injured, too bloody right I would be putting a claim in. My ds1 and I were in an accident. He had brushing on his right shoulder and a few days off school. I had a very painful right shoulder and neck and was off work for just over a week I think. Did I claim? Of course I did. Ds got about £1000 and I think I got about £2000. Do I feel bad about it? Not one fucking bit, we had a lovely holiday and his savings got bumped up. What is the whole point of insurance if not for these types of situations. Someone drove into me the other day, no damage to car. Mu neck was sore but nothing a few painkillers and a couple of hot baths didn't sort out. I didn't claim then.

VioletBam · 22/06/2016 02:55

MrsGosling Exactly. Anyone mentions claiming for something and people scoff and laugh and call them grabby.

GinIsIn · 22/06/2016 04:08

I am so sorry this happened to you OP. If you need to replace the buggy ASAP you may find it is worth seeing if it's covered on your house insurance as contents.

OlennasWimple · 22/06/2016 04:15

Claim to replace the buggy. Claim for recompense for any significant injuries. Avoid any DM sad face hurt feelings claims

RupertPupkin · 22/06/2016 04:28

I am embarrassed for some of the unsympathetic posters tutting at you OP for wanting to claim.

I hope your DS is ok. I can only imagine the shock and fright of the accident and its aftermath. Sending you and DS love. Flowers

Canyouforgiveher · 22/06/2016 04:51

Re the claiming, I'm not sure, sounds like an accident.

how on earth is it an accident if a motorist hits a pedestrian in a pedestrian crossing? He wasn't paying attention or was speeding. otherwise he would have stopped for pedestrians in the crossing. Not only does this sound like "not an accident" to me - it sounds like really dangerous driving.

Yes you are able to claim OP and so is your son. This isn't daily mail "compo culture" like so many seem to think. This driver was so inattentive that he could have killed a woman and her baby crossing the road lawfully at a pedestrian crossing. As it is, he had put them in hospital.

Many years ago I ran into the back of another car in slow but not that slow moving traffic. The driver claimed for injury. I was at fault, he was injured, why shouldn't he claim? That is what insurance is for.

Am genuinely shocked at a few of the posts here and the attitude to the OP.

BoomBoomsCousin · 22/06/2016 05:29

Jesus, some of the posts on here! Of course you should claim OP. It is accidents like these that are the reason car insurance is mandatory - so that the extra risk to pedestrians and others of people driving cars is born by the drivers and not a matter of pushing off on individuals who would otherwise have been fine.

For what it's worth, if Scotland (I assume from mention of the prosecuted fiscal that that's where you are) is the same as England, the NHS should be claiming from his insurance company for your treatment (and his if he needed it) anyway. He personally won't be any worse or better off than he would be if you didn't claim. The insurance company will have to pay out, and that cost will be born by other car drivers, but that is as it should be really. There is no reason why you personally should be worse off because people want to travel around in cars - which are inherently more dangerous than walking - cheaply.

But right now, unless it's helping you to have something else to concentrate on while your child is in hospital, don't worry about it. Take your time and when you're ready and know what the costs have really been, make your claim then. If you're up to it, keep a diary/log and the receipts for everything you need to do because of this accident. From buying food in the hospital be a use you aren't at home, transport to and from appointments, loss of wages if you or your partner have to miss work, the new buggy, additional childcare if you need it, etc. Insurance and our civil system is supposed to compensate you for your real losses. What you shouldn't do is go out of your way to make additional expenses or claim for things that aren't real losses, or exaggerate your hurt or discomfort.

pearlylum · 22/06/2016 06:01

Of course you should claim. For your material losses and your pain and distress.
Contact a good injury lawyer. I am in Scotland, I don't know where you live OP, otherwise I could suggest an excellent firm.

I had an RTA a couple of years ago, I was injured, thankfully nothing life changing, but the lawyers were great. Very sympathetic, extremely helpful, and it didn't take much time or effort on my part. I was awarded a 5 figure sum and got the cheque within 7 months start to finish.
I would call them today.

Arkwright · 22/06/2016 06:09

Yes definitely claim in this situation especially for a new pushchair. Be prepared for a long wait though. It took 4 years for my mum to be paid out after her accident.

pearlylum · 22/06/2016 06:18

arkright- your Mums lawyers sound inefficient.
Sometimes there may be a longer time scale if there are injuries which are long term or permanent, and final outcomes are still being determined, but even then lawyers should be seeking an interim payment.

Under circumstances where there is simple material loss and injuries which are overcome within weeks or months then payment should be quick.
A good lawyer will be chasing up responses from third parties and taking a lead in actively managing the compensation claim, This will ensure the claim is resolved quickly.

NotSayingImBatman · 22/06/2016 06:20

I'm genuinely shocked that someone has, in all seriousness, said "accidents happen".

The driver ploughed over a tonne of metal into a mother and baby on a fucking pedestrian crossing! He "didn't see them"? Of all the places drivers should be looking for pedestrians, surely a crossing is right up there in the top three?

OP yes, you should make a claim on his insurance.

MrEBear · 22/06/2016 06:22

Do you have legal cover on your house insurance? I'd be tempted to call them and get legal advice.

You could contact his insurance directly which is easy to do for the buggy. But you may wish to claim vets bills for the dog, and compensation for DS, you don't really know the extent of his injuries - any long term damage, is he going to be traumatised getting back in a buggy, is he going to need physio etc?
The personal injury claim would be better done via a lawyer but hiring one directly will either cost a reasonable sum up front or take a wack on no win no fee. Hence check your house insurance if you have legal cover.

But no your not being unreasonable to claim. You wouldn't even think about it if he'd put a dent in your car you'd have swapped insurance details at the scene.

pearlylum · 22/06/2016 06:31

mreE regarding lawyers fees. My lawyer took 10%, no upfront cost to me. I don't consider that too much.

Wyldfyre · 22/06/2016 06:42

Planey one thing you may not have considered- and it's completely understandable with the injury to your DC - is how your dogs will rafter this.
My BF's dog was hit by a car and started to refuse to cross the road - a bit of a problem in the city. She ended up having to pay for a behaviourist to help him.
If you find yourself in the same situation you should claim the costs of a behaviourist as well.
As has been said this is not your fault.
Hopefully he will be convicted of dangerous rather than careless as then he will get a mandatory driving ban, rather than it being at the Sheriff's discretion- I think it would help you mentally to know he was off the road for a bit.

coffeeaddictedandfat · 22/06/2016 06:45

I would, you suffered losses (Buggy and I suppose also loss of income as you have to stay with DS in hospital).

you also don't know yet if there are long term implications for your DS due to the injuries.

Wyldfyre · 22/06/2016 06:48

*react, not rafter

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