DS hit by car - can I claim compensation?

[Gremlin120808]

Hi wise ones.
My 6yr DS was crossing the road holding STBXH's hand. It was at a pedestrian crossing, the road is narrowed and the pavement has those bobbly things underfoot, but it's not a zebra crossing. They looked both ways (left,right,left...wrong way around), and stepped out. The wing mirror of the car hit DS's face. Nothing broken but a bloody nose, black eye and face and big swelling.
Police have dealt with the driver etc (who stopped and was very shaken), but can I claim compensation?? And how do I go about it??
I'm just glad he's alive and don't want to seem like I'm "grabbing", but is this a legitimate claim scenario???
I've never claimed for anything before so don't know what I'm doing!!!!

Yes you are being grabby

I don't see how the car could have stopped in those circumstances. It sounds like your DS walked into the car himself.

Who would you be claiming from, STBXH?

If you didn't suffer any financial loss I think you would be hard pushed to claim anything.

Phone up one of those no win no fee vultures and see what they say. Personally I wouldn't though.

Was it the driver's fault? I can't see how it is from how you describe what happened.

actually nothing wrong with considering claiming imo.

are there loss of earnings (due to hospital/dr appointments)?
maybe long term health effects that are not obvious yet?
document everyhing, in case you need to claim at a later stage.

Compensation is to compensate you for financial losses you incurred due to the incident.

What losses have you incurred?

No. And to be honest you want to hope the driver doesn't claim against you for any damage to the car!

What would you claim compensation for? You son and his father stepped out in front of a car, by yourself own admission any adult lies with them, not the car driver. Your DS was hurt but not in a life changing way. The police have dealt with it. What do you think is owed to you?

Was the driver at fault , the fact the police came doesn't mean it was his/ her fault , if they stepped into the path of oncoming traffic I can't see how it's the drivers fault but if you are intent on suing someone perhaps you can sue your stbex as he was in charge and walked your DS into the road .

Yes, what are you being compensated for? Have you incurred medical bills as a result of the accident?

"By your own admission any fault" is what my post should say.

Money, money, money

Glad your ds is ok....Why do you want cash? What have you lost money wise?

don't want to seem like I'm "grabbing"
Tough, you bloody well are. Is that seriously the first thought in your mind after your child's been hurt? Shame on you.

Your financial losses are? What do you want to be compensated for?

I had a similar accident years ago where two people ran out from behind a tree without looking and ran into the side of my car bonnet. I was told I could sue them for damage to my car......I didn't. But if people step into the road without looking im not sure you can blame the driver.

Your son's face has been bashed up and you're after money?

Definitely an apt time to use the much overused grabby!

Sounds as though your DS/STBXH didn't look properly.... The driver should be compensated for damage to their car if anything!

So they didn't see the car coming. Was it the drivers ' fault? If it were just a crossing point then pedestrians don't have right of way so maybe your ex is the one to sue for not looking properly.

Really?
Money grabber

You'd need to prove both fault and actual losses. If both are present, it might be possible to then add non quantifiable damages, but that's not usual.

In this case, it sounds like there was shared fault. It also sounds like there are no quantifiable damages yet. You could contact a solicitor anyway, but it does seem quite grabby.

yes you might be able to sue your stbxh

good luck

Any claim should be being made by the driver of the car, as, from your description they stepped out into the road.
Really annoys me when people get on the ambulance chasing bandwagon.

Probably best to forget about it Op. Hope your little boy is ok. No harm in asking a question though.