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Legal matters

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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:

JudyCoolibar · 07/08/2016 16:10

TortoiseVTurtle, tough luck, I'm not a personal injury lawyer.

I told you to RTFT because you suggested that OP's first thought was compensation. Had you bothered to read her posts, you would know that was untrue.

JudyCoolibar · 07/08/2016 16:12

GahBuggerIt, if you were caused damage by a negligent pedestrian then, in theory at least, you could claim from them. In the vast majority of cases it wouldn't be worth it because they won't be insured. However, if they were trying to claim from you you could certainly counterclaim against them.

TortoiseVTurtle · 07/08/2016 16:12

I did read the thread, so your answer was uneccesary and rude. Stop presenting yourself as some sort of expert here to dismiss everyone else.

JudyCoolibar · 07/08/2016 16:13

So, if you read the thread, why did you claim that compensation was OP's first thought, Tortoise?

TortoiseVTurtle · 07/08/2016 16:16

Because it is my opinion that her first thought after reviewing what happened, is to claim compensation. That's my opinion. Why do you know better?

TortoiseVTurtle · 07/08/2016 16:17

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??

InsufficientlyCaffeinated · 07/08/2016 16:18

Some of the attitudes on here towards somebody whose son has been hit by a driver are appalling. Shows what a car-centric society we live in.

If the police do not pursue criminal charges for speeding, you are fully within your rights to pursue a civil claim for the emotional and physical damage inflicted.

JudyCoolibar · 07/08/2016 16:20

Why do you know better?

Because I went on the evidence of what she says: "This happened 2 weeks ago".

alltouchedout · 07/08/2016 16:20

I think some of you pro claim posters are having a little difficulty in understanding that when people give their opinion on what should happen, they are not stating that this is the legal position. They are sharing their perspective and hoping to counterbalance the extremely pro claim message that seems to dominate these days.
Or maybe some of you are just aggressively rude and combative. Hmm.

GahBuggerit · 07/08/2016 16:22

but even if they werent insured i could go through some sort of claim process against them directly surely?

this thread has reminded me of a time when a ped did literally meandre out into my path (they were on their phone!!) luckily i was able to stop but it just got me thinking if they were 2 steps quicker i wouldnt havd been able to so would have prob clipped them. guess i feel a bit helpless that it could happen again and they might be cheeky and try and claim from me!

prob worth investing in a dashboard cam!

TortoiseVTurtle · 07/08/2016 16:22

Yes, it happened two weeks ago, how on earth do you know that her first thought was today about claiming?
She clearly has discussed it with her fellow comp claiming friend prior to this.

TortoiseVTurtle · 07/08/2016 16:23

Yy alltouchedout

Floggingmolly · 07/08/2016 16:26

The two weeks ago bit wasn't actually in the opening post...
It was dropped an hour later. Yes, it's on the thread but there's no etiquette that states you can't reply to the opening post itself; without waiting for the rest of the serial to be published. Op clearly didn't consider it relevant

Floggingmolly · 07/08/2016 16:26

Drip fed - not dropped...

JudyCoolibar · 07/08/2016 16:29

What's a "pro claim message"? If you look at my posts, for instance, I am not saying OP should claim, I have made it very clear that it depends on whether the evidence supports a claim.

I still haven't seen anyone say why it is wrong to claim damages as compensation for injuries caused by someone else's negligence, nor indeed why people think this is a modern phenomenon. In English law it dates back to the case of Donoghue v Stevenson in 1932, so it's hardly a modern phenomenon. If I cause someone damage - including pain and suffering - as a result of my negligence, why in moral terms should I not have to compensate them for that? Sure, money won't take the pain away, but it's the only means of compensation we have available; and where the damage is long term and affects things like earning power, then for sure I should have to compensate.

What people tend to jump on, rightly, is false and exaggerated claims by people who are just trying it on. That is not as easy to do as people think, as witness the outcome in the McDonald's hot coffee claim I cited above. But where someone is genuinely injured as a result of someone else's negligence, where it is more than a trivial injury, I've never yet seen anyone come up with a good reason for saying they should just suck it up.

JudyCoolibar · 07/08/2016 16:30

but even if they werent insured i could go through some sort of claim process against them directly surely?

Yes, you could. But you would have to assess whether they had the means to make it worth your while.

JudyCoolibar · 07/08/2016 16:32

Yes, it happened two weeks ago, how on earth do you know that her first thought was today about claiming?

Because she said that it wasn't her first thought. If you are going to claim OP is lying, you need evidence for that. As for the fact that that wasn't stated in the opening post, why should it be? She was making a simple inquiry as a result of her friends suggesting this to her, so it wasn't relevant to that question. She mentioned the two weeks in direct response to PP saying that her priorities were all wrong.

MadameCholetsDirtySecret · 07/08/2016 16:35

FFS. I was knocked over by a dog running full pelt into me. It broke a bone in my ankle and I now have a permanent weakness on top of my hyper mobility. I have a dog too, so realise this was an accident. I didn't think for a minute to sue, despite having to have had crutches and Physio. It is part of life.

TortoiseVTurtle · 07/08/2016 16:37

Bit tricky to get 'evidence' on an Internet forum- were you thinking of something that could be admissible in court?

TortoiseVTurtle · 07/08/2016 16:39

ral friend tell me I should try for some compensation, they got money for tripping over their own shoelace etc...so I was just

Because this is also true isn't it?

Houseconfusion · 07/08/2016 16:39

money is not my motivation. Can o still get some money?

AccidentGuilt · 07/08/2016 16:41

I was involved in an accident with a child last year. The child ran from in between two vans into the side of my car as I was driving by. He suffered a broken leg and fractured skull. The police told me at the scene that it was very clearly his fault. The family put in a claim against me. I have been told that due to his age they will almost certainly pay out. I have had to pay for the minor damage to my car myself. My premium doubled on renewal. It is so wrong how the driver has no protection. I was driving along at a fairly slow speed and yet I wll be seen as at fault.

Roussette · 07/08/2016 16:47

Ridiculous compensation culture.

I would imagine - going from your initial post - that your STBEXH was negligent. How do you know he looked left/right/left. You don't. You only have his word for that and he probably feels very guilty that this happened so it could be him trying to reassure you that he wasn't negligent. When quite likely him and your DS stepped into the road.

Put it behind you. Be very very grateful the injuries aren't lasting and forget all this compo nonsense.

GahBuggerit · 07/08/2016 16:48

Accident thats awful, that poor kid but equally awful for you aswell. i hope it gets thrown out, feel for the child but fgs it was clearly an accident

Roussette · 07/08/2016 16:50

That is terrible AccidentGuilt. And your post sums up what is wrong with everything with this sueing stuff. It's scary knowing this could happen.

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