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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To make them pay? WWYD

142 replies

Marshmellowmallow · 06/09/2018 16:10

I've name changed for this as alot of the details are outing.

My husband broke his leg on school premises about 4 months ago. His work have been paying him full pay for 6 weeks and after that was SSP which means we are currently losing about £300 a week on his usual wage.

Due to this and the fact that we relied on my husband doing overtime, we have fallen behind on our rent and we have gone massively into our overdraft. I am a stay at home mum so the only real income we we are living off is the £92 a week SSP and child benefit.

The bone has healed in his leg but he has severe ligament damage which we have been told won't heal for another 2 months atleast. The type of job he has means he has to use his leg and is not much use without it so can't go back on different duties etc.

I spoke to citizens advice regarding the debt and they asked whether I had began proceedings to sue the school. I said I hadn't thought of it. I mentioned it to some of the school mum's at the gate and they were all absolutely horrified thstbi would even contemplate suing the school.

Please no bashing, I'm physically and mentally exhausted from this. I haven't slept in weeks from worrying about the money. I just don't know what to do Sad

OP posts:
BloodyDisgrace · 06/09/2018 17:28

Another thought: for claim you'll need evidence of how badly it affected you. Doctors: he should go to see them each time there's something wrong again with the leg. "severe ligament damage which we have been told won't heal for another 2 months atleast" - have it written on his medical record, not just said to you verbally. Any further inflammation of ligament/worsening - see GP. Accumulate written evidence of his medical condition.
Financial evidence: have the bank statements, benefits letters etc.

Strangely enough, negligence itself is not the sure way to compensation, as I learnt from my experience. You need to provide proof of how badly you were affected, physically and, if applicable, emotionally.

if the school isn't at fault and he just tripped because he did (not wet floor, anything in his path) - then I really don't know where you stand.

youarenotkiddingme · 06/09/2018 17:29

If you've had an injury through no fault of your own then you claim. That's what insurance is for.

In the meantime have to checked if you are entitled to benefits like UC or housing and tax credits etc?

Munchyseeds · 06/09/2018 17:29

I wouldn't be talking to any other school gate mum's about it, nothing to do with them!

casper44 · 06/09/2018 17:31

It's ok people saying they are horrified by your suggestion of suing the school but if they were in your position then I am sure they would do the same... You need to live and you need compensation! The school will be insured..

BewareOfDragons · 06/09/2018 17:32

If they were responsible for the injuries, they will have insurance. It's why they have it!

Original poster
Marshmellowmallow · 06/09/2018 17:33

Thankyou all for your messages whichbi have read them all.

I will be honest and say I'm shocked - even my own mum and best friend winced when I said I was thinking of claiming! It seems to be a taboo.

I will phone one of the no win no fee lawyers and see what they think. Thankyou

OP posts:
Confusedbeetle · 06/09/2018 17:34

I hope you have talked to your landlord about the rent or you could lose the house. In the short term, you should go to your local council and apply for housing benefit. Do this quickly, they are unlikely to pay before the date of your claim. Take medical evidence with you

StrandedStarfish · 06/09/2018 17:34

Please check your house insurance OP. You may have legal expenses cover which would cover the costs of bringing a claim. At the very least there may be legal advice helpline.

Don’t worry about the schools insurance. Look at it as a learning experience for them. If they have to put right what happened then you can be sure it won’t happen again to anyone else

incywincybitofa · 06/09/2018 17:35

There is a holier than thou idea of not suing the school
If the head teacher reversed the school mini bus into your car would you not claim on the insurance?
If an accident happened at work- he can make a claim or sue
If the accident was found to be at fault or responsible in some way there insurance will have to pay.
If he had professional insurance, that insurance company would have claimed from the school. This is really no different, it may be the school/LEA settle before it even goes to court.

moredoll · 06/09/2018 17:37

If you're getting behind on your rent you have to take action. Due the school and let them worry about the premiums.

moredoll · 06/09/2018 17:37

Sue not due

Sarahrose21 · 06/09/2018 17:39

I wouldn't go with a no win no fee if you were going to sue as they will have a hefty fee if you do win

Scrumymum · 06/09/2018 17:42

I'm a school manager - and we have Public Liability Insurance for this kind of thing. The Local Authority bulk buys all the PL insurance for their schools and it may be that your school is the same. Don't worry about the premium going up, that is the LA's job to negotiate.... you need to think about your family and rent situation.

Was he doing a job for the school, and does his work have PL Insurance? Either claim on his work insurance or the school's insurance - either way, you need compensating and that is exactly what it is there for. Good luck.

Feefeetrixabelle · 06/09/2018 17:44

I would claim. The accident is their fault. They have acknowledged this and apologised. It is impacting your family financially. They have insurance for these cases. One claim won’t affect the insurance that much if at all.

Couchpotato3 · 06/09/2018 17:46

People sue doctors all the time. Why is that OK, but suing a school isn't? Just do it and keep quiet if you don't want people sucking their teeth at you. They are idiots.

gamerwidow · 06/09/2018 17:49

The school have insurance to cover this. As long as it is a genuine claim and you’re not embellishing what happened then you are perfectly within your rights to ask them to claim against it.

Puzzledandpissedoff · 06/09/2018 17:52

I wouldn't recommend this for a pure accident, but for negligence I'd certainly sue

Only thing is, can it be proved? You said the Head apologised, but is there anything in writing/an accident book to show what happened, or are the insurers likely to fight it?

Oldbutstillgotit · 06/09/2018 17:52

Are you not entitled to some benefits whilst he is unable to work ?

Scrumymum · 06/09/2018 17:58

I just want to add that I think it is pretty disgraceful of the school not to offer putting this through insurance. They must know the impact this accident has had on your family (health and financial). I know that if this happened at my school I would have made a claim on our school insurance for your husband. You need to speak with the school business manager/bursar.

FrayedHem · 06/09/2018 18:01

Like PP have said, I'd absolutely put in a claim. It's not likely to be a quick process, but not all personal injury claims are defended to the bitter end either. If they accept liability early on, the insurers may offer an interim payment or some physio sessions etc if there's uncertainty of how long lasting the injury is going to be.

You don't need to tell anyone but you're utterly justified to put in a claim. You are just trying to get back to the position you were in before he was hurt. I wonder how many of your friends would get into debt and arrears if they were injured as a result of the school's negligence...

Turquoise123 · 06/09/2018 18:02

It's not something that you should be discussing with anyone else and no sensible person would offer an opinion unless they had all the facts and were PL insurance liability experts.

Just a hunch but guessing that these mothers are not....but don't get involved with them.

SilverHairedCat · 06/09/2018 18:04

This is precisely what insurance is for. Make a claim. If it fails, it has no merit. If it succeeds, you were right.

Dixiechickonhols · 06/09/2018 18:05

He should get some proper legal advice from a specialist solicitor not mumsnet or mums at school.

There is find a lawyer on here for accredited specialists.

www.apil.org.uk/

Lovemusic33 · 06/09/2018 18:06

Are you not entitled to housing benefit??

It’s up to you if you claim damages from the school, it depends on the circumstances of the accident and who was at fault but I don’t think this will help the situation you are in right now (these things take ages).

HellonHeels · 06/09/2018 18:09

Don't tell the school mums your business. They won't be stepping up to help you pay the rent.

If your DH is on SSP and you aren't working, could you not get housing benefit in short term? You could call your MP for support, they can be quite helpful.

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