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Original poster

DS hit by car - can I claim compensation?

172 replies

Gremlin120808 · 07/08/2016 13:26

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!!!!

OP posts:
AnotherUsernameBitesTheDust · 07/08/2016 14:45

Your friends sound like dicks. All my friends were concerned about when my DS was knocked over was whether he was ok, not that I should try and get money out of the driver (who was at fault)

I hate this compensation culture.

Be grateful your son wasn't more seriously hurt and move on.

Floggingmolly · 07/08/2016 14:46

Caused by being dragged into the path of an oncoming car by his father, who was looking the wrong way. Stop encouraging her Hmm

orangebird69 · 07/08/2016 14:46

basket, the person to blame for this imo is stbxh. Not quite sure the boy can or wants to sue his own dad...

orangebird69 · 07/08/2016 14:48

2kids stbxh = soon to be ex husband.

HopeClearwater · 07/08/2016 14:52

Sue your ex on behalf of your son (pain and suffering, not financial loss)

Sue the driver in the same way if you think he was negligent.

Negligence can be shared between them if necessary.

AddToBasket · 07/08/2016 14:53

I don't know the specifics. In general:

The driver's lawyers will argue contributory negligence (pedestrians should have looked better) but the claimant solicitor will argue that the driver should have been more alert to potential pedestrians at that crossing point and was going too fast etc. There is likely to be a settlement that meets in the middle. With a police report and photos of the bruising etc, the insurers will most probably take a pragmatic approach. None of this is likely to cost the claimant any money as it will likely be no win no fee.

OnionKnight · 07/08/2016 14:54

You should sue your STBXH.

AddToBasket · 07/08/2016 14:55

Does your ex have insurance for this? If not, definitely do not sue him! Shock

FlemCandango · 07/08/2016 14:57

Although I don't think compensation for the injured child should be pursued, I am troubled by some of the posts saying the driver needs compensation. If the driver is coming up to a crossing point where the road is narrow and there are people getting ready to cross, then the driver should be slowing and aware of the possibility of someone stepping into the road. It is not clear if there is restricted view but the op doesn't mention parked cars and the stbxdh and ds were crossing at a designated crossing point. It may well be that circumstances didn't allow the driver to stop but I think s/he takes some of the responsibility as they are in the tonne of metal. Hopefully all involved have learned to be less casual about the risks of driving/ walking on the road.
I hope your ds is ok op. Compensation doesn't seem appropriate but you can look into it if you have legal coverage in your home insurance. Mainly you should be thankful that bruising is the only injury it could have been worse.

PinkFondantFancy · 07/08/2016 14:57

Does your son have life changing injuries? If not, be grateful and move on.

GinandJag · 07/08/2016 14:57

On what basis are you out of pocket, OP?

MadamDeathstare · 07/08/2016 14:59

This reply has been deleted

Message withdrawn at poster's request.

HopeClearwater · 07/08/2016 14:59

To sue his own dad...

Happens all the time in RTAs - who do you think pays up? Dad's insurance co, not Dad.

Awful lot of non-lawyers on this thread making up advice...

AddToBasket · 07/08/2016 15:01

Hope, his dad won't have insurance - he was a pedestrian.

April241 · 07/08/2016 15:02

Your friend claimed compensation for tripping over their own shoelace?! Shock

JudyCoolibar · 07/08/2016 15:03

It really is extraordinary how much ignorance this sort of thread regularly reveals. Contrary to what several people say, it's not necessary to show that there has been quantifiable financial loss such as loss of earnings in order to claim damages. It's standard practice to claim damages for pain and suffering, including things like long-term scarring. And it's ridiculous to come out with the mantra "accidents happen": sure they do, but if one person is at fault then it's been the law for decades that that person compensates the person who has foreseeably suffered damage as a result of his negligence. Suppose OP's son had suffered more serious, possibly life-changing, injuries and it was definitely provable that it was the driver's fault - would you all be saying he should just suck it up then? What's the difference?

As for whether there's a claim in this case - it all depends. If it can be shown that the driver should have seen that they were about to cross and it was the type of crossing where pedestrians have priority, and if he could have stopped in time had he not been speeding, then maybe he is liable, wholly or in part. But it sounds like at most he is only 50% liable.

in fact, if the driver has to have unpaid sick off work due to distress i wonder if they could claim from you?

How on earth would there be any claim against OP? She wasn't even there.

What kind of person even thinks of how to claim compensation when their child has been hurt!?

A responsible parent, that's who. The claim would be for damages for the child and arrangements would be made to safeguard any money recovered for his benefit. People who make a virtue out of failing to claim when their child has been seriously injured by a negligent driver are potentially short-changing their children in a big way.

JudyCoolibar · 07/08/2016 15:04

Hope, his dad won't have insurance - he was a pedestrian.

How do you know? He might have accident insurance as an add-on to household or other insurance.

GahBuggerit · 07/08/2016 15:05

if the driver was proved to be speeding then the police will follow that up so wouldnt it better to find out what they say?

i cant imagine how id feel if i was driving along, legally, a father and son not looking just stepped out and i ht the kid with my wing mirror. id feel bad enough even though it wouldnt be my fault, but id prob need a few days before i even looked at my car again let alone drive it, but to then get a compo claim slammed on me and prob never be able to get insured again because i wouldnt be able to afford the premium hike. id lose my job so also my home and my kids would suffer massively

not sure i could do that to someone, unless proved to be driving recklessly.

TortoiseVTurtle · 07/08/2016 15:05

Why don't all you no win no fee lawyers pm the op? Money in it for both of you...

HopeClearwater · 07/08/2016 15:06

How do you know? He might have accident insurance as an add-on to household or other insurance.

Yes, very common

expatinscotland · 07/08/2016 15:07

FFS.

GahBuggerit · 07/08/2016 15:08

judy i did mean claim from the dad, the royal "you", obvs given op wasnt there

alltouchedout · 07/08/2016 15:09

Oh ffs.
What would the claim be for? People should claim when they have a financial need as the result of an incident (need extra care or aids, too unwell to work etc), or when a company or individual were so appallingly negligent that a financial penalty is appropriate. But claiming just because? Why? How have we come to a point where this is seen as reasonable?

HopeClearwater · 07/08/2016 15:12

You never heard of a damages award for pain and suffering? It's a long established head of damages.
FFS go away and get some legal knowledge

AddToBasket · 07/08/2016 15:13

OP, speak to a solicitor.

I think it very, very unlikely that they will encourage you to go against your STBX regardless of his home insurance Hmm They will expect to go against the driver and will get the details from the police. Your DS and X will need to give statements. Make sure you have taken photos. Write anything about the incident down. If your DS feels unwell or shaken, document this.

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