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!!!!

Can you tell us what financial losses a 6 year old child would incur from this accident? Does he work? Has he claimed on his private health insurance?

Thanks everyone for your replies, very helpful to get different perspectives. Just to be clear I do believe there is fault on both sides, STBXH for being a total idiot (believe me, I want to rip the wing mirror off my car and repeatedly hit him round the head with it) and the driver for speeding (witnesses say the car was going too fast). Money is not my first thought or any sort of motivation (this happened 2 weeks ago), nor do I want to ruin the life of the driver as it was certainly not totally their fault. I've had several friend tell me I should try for some compensation, they got money for tripping over their own shoelace etc...so I was just asking a simple question to get some perspective and knowledge from the wise mumsnetters.

Pedestrians have right of way if they are crossing a road a car turns into. Cars should stop to allow pedestrians to cross if they are waiting at a zebra crossing, or at a pelican crossing when the lights change to red.
The OP says her stbxh looked the wrong way (left right left) and stepped out. It was an accident.
I'm still not sure what you can claim for, or who you would claim against.

A no win, no fee solicitor is your best bet.
Hope your DS makes a full recovery soon.

Why do you need compensating?

Your son should be given a cuddle, a nice dinner and a new toy. That's probably acceptable and appreciated by a six year old.

Have I wandered into America where we're trying to claim for everything.

An accident by its very nature is an ACCIDENT and I imagine the driver already feels horrific enough.

Hope the Wee one is ok.

So there were witnesses? Did they also witness your ds and his Dad stepping out into the path of the car?

And you need to reevaluate your friend

ahh if the car was speeding this changes my stance, fault on both sides but because its on both sides id be thankful your ds is ok and it wasnt more serious

as it happens i do slow down when i see peds at the side of the road in case they faint/walk out/drop something etc

From the description I think she means just a point in the pavement where the kerb has been dropped to suggest it is a better place to cross the road than other spots. Kind of like the picture attached but where the road goes narrower as a traffic calming measure.
No need for the driver to stop, it is up to the pedestrian to cross when it is clear and safe to do so.
If you want to blame anyone then surely it is your ex husbands fault? You've already said they didn't even look the correct way.

Witnesses always say the car was going fast. If it was too fast for the road and the wing mirror hit a child in the face, they'd have much worse injuries than the ones your child had.

I don't really think you have anything to claim compo on.

He "looked both ways, but in the wrong order", apparently...
So; he stepped out into the road without looking
Sounds like he shouldn't be allowed out on his own, never mind in charge of a 6 year old.

witnesses say the car was going too fast

Witness statements like this are close to useless. People are poor at estimating the speed of moving vehicles. Witnesses tend to overestimate the speed of cars involved in accidents.

You might well get a token amount- this is why all our car insurance premiums are going up.

I'd be more concerned that his father can't cross a road safely than trying to sue someone else for his stupidity.

Be grateful u aren't looking for funeral costs.

Unless the car was travelling at the speed of light, it must have been driving over the crossing as the boy stepped out. I really can't see how it's the driver's fault at all. Your stbxh is the twat here. Your poor boy. Hugs for him.

Yes, you can claim compensation but only in your son's name and the money will go to him. I think you should claim. I would because this is what the insurance is there for. I work in this area and from the limited amount here - crossing, looked both ways, police number etc, you have a good chance of success.

Your poor little boy! I hope he is alright. Frightening for all of you.

Call a few claimant solicitor firms and find out what their rates are.

If your friends are telling you to claim I'd change friends.

Entitled twats.

What's an STBXH?

So a claim would affect the drivers premium wouldn't it? It was a young driver, and as I say was shaken by the accident. Certainly not my intention to make it worse for them, think I'll let this line of thought go.

It isn't being entitled. It is to compensate DS for his pain and suffering from being hit in the face.