Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
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:
3littlefrogs · 22/06/2016 06:48

Of course you should claim.
Why on earth wouldn't you?
My DD was injured and her car written off by a dangerous and careless driver. I am absolutely claiming against his insurers. She could have been killed.

I don't care how long it takes. People need to learn that their behaviour has consequences. I had to replace my car and look after my injured child for 8 weeks.

OP - you were on a pedestrian crossing. The fact that this driver was in a hurry is absolutely no excuse. His insurance company will handle it all.

TestingTestingWonTooFree · 22/06/2016 06:51

You poor thing. I would definitely claim. If you can afford it in the short term, I would buy a new buggy now with a view to claiming the cost back. In civil claims you are suppose to mitigate your loss. This means minimising costs, so in these circumstances only buying a new one if it can't be repaired and shopping around for a good deal. I'd maybe do a print of the Google shopping results. I'd also claim for your ripped jeans too.

If he didn't see you, he wasn't looking properly (unless there's some unexpected medical reason). He, through his insurer, should put right your losses.

With the personal injury, I might hold off deciding about a claim. Let the physical injuries resolve and see how you are psychologically.

Original poster
planeymcplaneface · 22/06/2016 07:09

wyldfyre i am very worried about my dog. He is with people he knows well very exciteable and jumps up to greet them, family are well used to it. Yesterday he trie to bolt after the accident happened. Later in the day i was told by my auntie that he kept going round in circles. He normally loves a treat but he sniffed it then lay down Sad which is very unlike him. I will be taking him to my vets pronto once i am home to get him checked

OP posts:
WeirdAndPissedOff · 22/06/2016 07:13

Hopefully the dog is just stressed - for a scary incident, then for you and DS to be missing (of course the circumstances mean you have to be). But hopefully he will be ok going forward - though a vet visit is a good idea.

I agree with what a PP said - not seeing you can't possibly be an excuse on a crossing! If he didn't see you then he wasn't paying attention as he should have been!
Tbh though even if it was an understandable accident why shoul

WeirdAndPissedOff · 22/06/2016 07:15

*should that change anything? If h

WeirdAndPissedOff · 22/06/2016 07:16

*should that change anything?
If he had accidentally rear ended you there would be a claim.

DoreenLethal · 22/06/2016 07:16

OP - there are some right 'deliberately antagonistic' fuckers on here these days.

Of course you should claim. Just leave it a while so that you know the true extent of your losses.

And I hope you and the boy and woof are feeling better soon.

Ditsy4 · 22/06/2016 07:16

So sorry to hear what happened. How awful. Your poor DC and what a terrifying ordeal for you. You will be in shock and to those people who say you shouldn't be thinking about claims then if the consultant mentioned in then this is what started you thinking. A shock like that means you don't think rationally and often grab onto small things because you can't cope with the realisation of what has happened because it is too awful not because your DS isn't your priority of course he is. I b et if they were in your circumstances they would claim.
Buy a note book from hospital shop, note down feelings, collect receipts for everything and in a few weeks contact a good local solicitor. You have up to three years to claim. You won't have to pay his insurance will but I wouldn't use Internet ones but ask locally who is best firm and make an appointment. Your solicitor will guide you but do keep any receipts ( i didn't always remember to ask taxi driver) and do keep note of feelings, flash backs etc.
I do hope your little one is unscathed he is luckily to be alive! Have you a relative, close friend nearby as you will probably have a tearful time in a day off so when the shock wears off and you will need someone? Flowers

DoreenLethal · 22/06/2016 07:17

Pedestrian crossings do tend to shout 'look at me - I am a pedestrian crossing' by the use of stripey lines, and lights and all sorts.

AugustaFinkNottle · 22/06/2016 07:24

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.

Don't follow this advice. The driver's insurers aren't there to do anyone any favours except themselves.

Peachesandcream15 · 22/06/2016 07:25

There is some terrible advice on here. Of course you can claim. Those who bleat about accidents and hating compensation culture are frankly, not standing in your shoes right now. Maybe they would feel differently if they were.

When you are ready to, do seek legal advice. It won't cost you anything and you can take it from there. A claim won't be quick but as there can be no argument on liability (ie, whose fault it was) I imagine it could be sorted quicker than most claims.

Ps I am a personal injury solicitor - I have done both claimant and defendant work.

JessicaRabbit3 · 22/06/2016 07:36

I would be more concerned with pursuing the matter of his dangerous driving that he struck you and your DS who is little enough to be in a buggy on a crossing. He shoukd lose his license and fined accordingly for reckless driving. He could of easily wiped both of you out.

Original poster
planeymcplaneface · 22/06/2016 07:36

Ive had a terrible nights sleep i saw every hour apart from a couple. Ds slept well which is good. My foot is sore and my shoulders hurt. Ds was using one of the ride on walkers last night and i was videoing it as he is learning to walk. He seemed to be dragging his left leg while he walked. I told one of the ward sisters and i have to show the video to the consultant on ward rounds, it could be nothing it could be something but given whats happened i dont want to take any chances

OP posts:
ReginaBlitz · 22/06/2016 07:39

This reply has been deleted

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

SoupDragon · 22/06/2016 07:40

Good lord there are some idiots on this thread! I can't believe people are bleating about "compensation culture" when this is clearly not that at all.

OP! Of course you should claim for at least the cost of the buggy. As another poster said, you also might suffer flashbacks and benefit from some kind of counselling maybe.

The driver was dangerous - it is very difficult not to notice a mother, pram and dog in the middle of the road! He clearly wasn't paying attention or reading the road properly and he deserves to be a) punished and b) be traumatised by having ploughed into a baby in a pram. Hopefully he will drive more carefully in future.

Any compensation for damage to your property and injury will come from his insurance.

SoupDragon · 22/06/2016 07:41

This reply has been deleted

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

VioletBam · 22/06/2016 07:42

Regina that's a horrible post. People react VERY differently when they've had a nasty shock. You're simply rude and pathetic.

GrumpyOldBag · 22/06/2016 07:46

Yes, you should definitely make a claim against the driver.

Contact a solicitor and they will advise you about how to do it.

I was knocked down by a car once which went through a red light and was awarded compensation.

You were on a zebra crossing, the driver was definitely at fault.

sparechange · 22/06/2016 07:46

Regina, what a horrible and uncalled for post.

OP, hope you manage to get some rest today, and DC is good.

Any news on your dog? Hope he improves today as well Flowers

SoupDragon · 22/06/2016 07:47

I get the impression OP was stuck in hospital with nothing to do, unable to sleep last night, and needed to "speak" about stuff.

thisisafakename · 22/06/2016 07:49

Claim. You have suffered pain, loss of amenity and shock. You have lost the value of the pram. I don't know why people say you should not claim if it was an accident. Do they not realise that the vast majority of personal injury claims arise from accidents- but accidents that could be prevented if the driver had been paying due care and attention.

It will not take years and years, unless the doctors believe you have sustained a medical condition where the true extent of the injury will not be known until some years later. Your solicitor will handle the case- it should not put you through too much stress and it is highly unlikely you will go to court.

As for only being able to claim if the driver is convicted, that is a load of BS (sorry). The standard of proof is lower in civil courts and you can definitely claim even if the prosecution falls through.

You won't win any awards for being a martyr.

LittleBearPad · 22/06/2016 07:50

Claim. You were on a pedestrian crossing, which are quite hard to miss unless you're driving without paying attention. I hope your DS is ok. The suggestion about home legal cover is a good one. I'd avoid no win no fee firms, at least for now.

Original poster
planeymcplaneface · 22/06/2016 07:50

regina kindly do fuck off with your snippy little comments! Angry yes too bloody right im going on about my broken buggy as even 2nd hand it cost me a lot of money that i had to save up while pregnant. And that buggy saved his life. The doctor looked at the buggy in the police van and said it had most likely saved his life. I hope you never ever have the experience of seeing your childs buggy being sent flying down a road not knowing if they are dead

OP posts:
Original poster
planeymcplaneface · 22/06/2016 07:54

Ive not managed to get downstairs to get a signal so i have no update as yet on my dog. For those minimising this here is the pic of my ds last night my mum took. It breaks my heart seeing his wee head marked like that because a driver didnt see us until he hit us

OP posts:
AugustaFinkNottle · 22/06/2016 07:54

Regina, do try switching your brain on before commenting.