Compensation for daughter (hit by car) but who from?

[MotherOfDragons27]

Hi everyone, I'd appreciate some advice or knowledge please.

Almost two years ago (sept 2019) my eldest daughter started secondary school. In her 2nd week she was leaving school and was hit by a car as she was crossing the road. The driver was a 17 year old boy from her school who had just passed his test. When it happened another mum got out of her car and told the driver to move his car for some unknown reason, so he did. This means the police were unable to gain any evidence from the scene and as there was no proof of wrong doing there were no further charges against the boy and the case was dropped.

My daughter suffered two breaks to her pelvis and obviously scrapes and bruising. She was in hospital for 10 days and had to use crutches for 6 weeks until her pelvis was healed. I was with her the whole time and had to be signed off work with stress to cover myself work wise.

I have been thinking about trying to claim for some sort of compensation for my daughter but I'm unsure if it's possible? Where would I claim, who would I be claiming from and what are the chances of her receiving anything?

Does anyone have any similar experience where someone was injured in a road traffic accident but no fault was established? We have the letter from the police and the incident number etc so there is record of it. I also have her discharge letter from the hospital.

If anyone can shed any light on this for me I'd be very grateful. Thank you.

Looking back through the thread I see @NoWordForFluffy and I are on the same page! And see the statute of limitations is three year for the UK

Actually more than three years in this case - it's three years from when the victim reaches their 18th birthday.

@MissMaple82

Is it really worth it. No serious long term damage. No proof of liability. Poor 17 year old is probably traumatised enough. As horrible as im sure it all was id put it behind you all and move on

If you really think a pelvis fractured in two places isn't serious damage and has no long term consequences, I suggest you try it out and find out the reality for yourself.

People on here can be utterly ridiculous about compensation claims. Why on earth should someone who has been through something as traumatic as this, which will undoubtedly have long term implications, simply shrug her shoulders and limp away from it? It's completely bizarre.

Was it the drivers fault though or did your daughter not look before she stepped onto the road?

@RedHelenB

Was it the drivers fault though or did your daughter not look before she stepped onto the road?

That's part of what the solicitor will review while pulling the claim together. The op doesn't need to decide now, she needs proper legal advice which will include chances of success.

I wasn't expecting so many replies so quickly.

The police dropped the charges as there wasn't sufficient evidence to prove the driver was at fault. They said the witness statement wasn't helpful enough to help either way, and my daughter maintains she looked both ways before crossing, on a proper island crossing outside the school, she didn't run out. Believe me I have asked her over and over if she thinks she could have been more careful and she maintains she did everything you should do when crossing the road. She saw the car up the road and believed she had plenty of time to cross. Next thing she was on the bonnet of the car, having hit the windscreen (and damaged it) and landed over ten feet in front of the car. It effected her mentally in many ways, she's still scared around cars even after having counselling but she's much better than she was. So we have proof of the trauma it has caused her, not just physically.

To those who've asked why I've left it so long, there has been a global pandemic for one thing. Two months after she started back at school the first lockdown kicked in so we were a bit preoccupied. It took long enough to get her sorted with counselling I didn't want to add more stress to the situation when she was already suffering from ptsd and home schooling stress. It's not a case of wanting to make money from this, any money that would come from this would go into an account for her, not in my own pocket.

At the time of the accident I was more concerned with looking after my daughter than anything else, it never occurred to me to claim anything, it's other people that have said I should. This is why I'm asking here, because I don't know how it all works. I don't know about drivers insurance because I'm not a driver. I don't know if the boy went through his insurance as I've had no contact with him or his family. When I arrived at the scene about 10 minutes after it happened my daughter was in the middle of the road surrounded by people and in excruciating pain, so forgive me if I didn't think to take down the driver's insurance details.

I also haven't done anything because as a mother, I also have sympathy for the driver. I don't know wether he's suffered since the accident, he absolutely may have. But the fact that two days after it happened he was driving round with his friends makes me think he didn't really. But I'm still worried about rocking the boat, because I'm a nice person and I don't want to cause any drama. At the same time if my daughter can get anything positive from this then shouldn't I try?

With regards to going through solicitors, does anyone have a rough idea how much something like this generally costs to do? Assuming I'd have to pay them as we go along rather than at the end.

Thank you to those who have sympathised and given factually correct advice.

@Hellocatshome

I'm confused as to why you didn't get his insurance details from him at the time? It seems like he didn't deny it was him who hit her.

I was sitting with my 11 year old in the middle of the road waiting for the air ambulance to take her to hospital. I didn't exactly think about getting his phone number.

@MotherOfDragons27

I wasn't expecting so many replies so quickly.

The police dropped the charges as there wasn't sufficient evidence to prove the driver was at fault. They said the witness statement wasn't helpful enough to help either way, and my daughter maintains she looked both ways before crossing, on a proper island crossing outside the school, she didn't run out. Believe me I have asked her over and over if she thinks she could have been more careful and she maintains she did everything you should do when crossing the road. She saw the car up the road and believed she had plenty of time to cross. Next thing she was on the bonnet of the car, having hit the windscreen (and damaged it) and landed over ten feet in front of the car. It effected her mentally in many ways, she's still scared around cars even after having counselling but she's much better than she was. So we have proof of the trauma it has caused her, not just physically.

To those who've asked why I've left it so long, there has been a global pandemic for one thing. Two months after she started back at school the first lockdown kicked in so we were a bit preoccupied. It took long enough to get her sorted with counselling I didn't want to add more stress to the situation when she was already suffering from ptsd and home schooling stress. It's not a case of wanting to make money from this, any money that would come from this would go into an account for her, not in my own pocket.

At the time of the accident I was more concerned with looking after my daughter than anything else, it never occurred to me to claim anything, it's other people that have said I should. This is why I'm asking here, because I don't know how it all works. I don't know about drivers insurance because I'm not a driver. I don't know if the boy went through his insurance as I've had no contact with him or his family. When I arrived at the scene about 10 minutes after it happened my daughter was in the middle of the road surrounded by people and in excruciating pain, so forgive me if I didn't think to take down the driver's insurance details.

I also haven't done anything because as a mother, I also have sympathy for the driver. I don't know wether he's suffered since the accident, he absolutely may have. But the fact that two days after it happened he was driving round with his friends makes me think he didn't really. But I'm still worried about rocking the boat, because I'm a nice person and I don't want to cause any drama. At the same time if my daughter can get anything positive from this then shouldn't I try?

With regards to going through solicitors, does anyone have a rough idea how much something like this generally costs to do? Assuming I'd have to pay them as we go along rather than at the end.

Thank you to those who have sympathised and given factually correct advice.

Check if you can get no win no fee first. I know I sound like an ad for them, I’m not I promise, but Irwin Mitchell were so good for DD. They even helped her with her appeal to the DSS when they tried to stop her sickness benefits for her, at no cost to us.

If there is no evidence he was to blame for the accident, and I assume the police took witness statements at the time, how will you prove he is at fault? The insurance will not simply take your dds word for it.

@flippertygibbit

Funny it's just coming up to the 3 year statute of limitations that you decide you might want to claim. Detest this suing culture. You had six weeks off work nearly three years ago so presumably you've recoupled those losses if you only received SSP. Physically she's recovered and mentally she's recovered. You're now just being greedy and you're going to make your daughter relive it just for £££

First of all it was less than two years ago, and I'm not looking to recoup my losses at all. I don't want a penny, it would be for my daughter. How do you know she's recovered? Yes she's physically healed but it could have an effect on her in the future for example if she gives birth to children or develops arthritis. Mentally she's better than she was but I didn't say she was fine. She has to relive it every day when she goes to school, seeing as it happened right outside. I won't go ahead with it if I think it's going to cause her any stress or pain. This is why I'm asking for advice.

Just noticed you said your DD is struggling with her mental health due to this. IM got my DD private CBT sessions too. Which helped her massively.

@Littleheart5

You would 100% be successful. I say this as a PI lawyer! The burden of proof is different in civil abs criminal cases. The fact that a criminal case wasn’t prosecuted has no bearing on a PI claim.

I’m not sure of the statute of limitations in the UK, but in my jurisdiction, you have two years from the date of the accident to lodge a claim, so I would be getting on that ASAP as September 2021 is fast approaching.

She will need all medical, psych reports etc in time but for now you just need a solicitor to take the case on, who will instruct a barrister to draft proceedings. Honestly, it’s a relatively straight forward, although lengthy process. Once it’s in the hands of your solicitor they will handle everything. She should get a decent settlement/aware from the court given the injuries you describe.

On your part keep every receipt for doctors/physio/psych. You will need them all

Thank you for your reply. Would I be able to get copies of her medical records from my GP?

@WeAllHaveWings

If there is no evidence he was to blame for the accident, and I assume the police took witness statements at the time, how will you prove he is at fault? The insurance will not simply take your dds word for it.

That's why I'm asking here before instructing solicitors.

@Aposterhasnoname

Just noticed you said your DD is struggling with her mental health due to this. IM got my DD private CBT sessions too. Which helped her massively.

She's had free counselling from the children's charity Barnardos which has been brilliant. The only downside of it was that it had to be done over video calls rather than in person because of covid. But it has helped her a lot.

My lord. I agree with pp that there is some rubbish on here tonight.
Absolutely claim. In fact as a parent I think it's your duty to do so.
Of course there has to be negligence but in my experience that's a pretty low bar where an 11 year is concerned outside school as going home time.
The first thing I would do now is see if I have legal cover on my household insurance and phone their helpline for some advise.

Yes she's physically healed but it could have an effect on her in the future for example if she gives birth to children or develops arthritis.

Even if you do manage to prove fault, they won't compensate for possibility/maybe in the future.

@WeAllHaveWings

Yes she's physically healed but it could have an effect on her in the future for example if she gives birth to children or develops arthritis.

Even if you do manage to prove fault, they won't compensate for possibility/maybe in the future.

I didn't mean that for claiming purposes. I meant the playing down of her injuries just for the sake of making some cash. A few posters seem to think I should forget about it because she's healed now.

@SpiderinaWingMirror

My lord. I agree with pp that there is some rubbish on here tonight. Absolutely claim. In fact as a parent I think it's your duty to do so. Of course there has to be negligence but in my experience that's a pretty low bar where an 11 year is concerned outside school as going home time. The first thing I would do now is see if I have legal cover on my household insurance and phone their helpline for some advise.

Thank you, that's good advice. I'm pretty sure my workplace has a legal advice scheme, I didn't think of that until you mentioned this. I'll look into it, thanks.

@Sometimesfraught82 as someone who worked in defendant RTA claims for a good length of time, who you are saying is completely incorrect. Provided they can show negligence on behalf of the driver, the OP daughter would be entitled to compensation for her injuries. A conviction is absolutely not needed.

@MotherOfDragons27 without knowing the circumstances I can’t say if the driver was at fault but any decent RTA/ PI lawyer will be able to help. Your daughter sustained some quite serious injuries and has ongoing psychological injury which is compensable. If you are in England or Wales, limits a film expires at 3 years post accident unless it involves a minor and then it expired 3 years after they turn 18.

Jesus Christ, threads like that really bring out the wannabe lawyers (who then embarrass themselves by not actually having a bloody clue!) Glad to see some people HAVE actually given the OP correct advice though.

First step is speaking to a solicitor. Personally I wouldn't touch Irwin Mitchell or similar sausage factory Claimant firms with a bargepole, but each to their own. How do you pick a firm? If you have legal cover on a non motor insurance policy, this might cover a solicitor, so check with any insurance you have first - or with the workplace cover you mention. That cover (legal expenses insurance) would effectively fund the solicitors fees. In the absence of any such cover, you won't be expected to pay for fees. The usual arrangement is no win/ no fee or contingency fees (where in addition to recovering their costs from the insurers of the driver, your solicitors would also take a percentage of damages). If you look on the Law Society website - I'm assuming you are in England & Wales - you will be able to search for solicitors specialising in personal injury in your local area. APIL (the Association of Personal Injury Lawyers) will also have details of their members in your area/ nationally. Finding a firm you are comfortable with representing your daughter is the first step.

They will investigate liability, and as has been said previously contrary to the opinion of certain posters you don't need a criminal conviction to succeed in a civil claim. Where and when the accident occurred will be important; there's an expectation on drivers to take additional care outside schools and even more so at the start and end of the school day. Also, rightly or wrongly, young drivers are often perceived as being inattentive, reckless etc (there are also perceptions about elderly drivers too of course) so that will count against the driver. For all you know he may when reporting the accident to his insurers have told them he considers he was at fault. They may well be 'waiting' to receive a claim from your daughter.

Insurers may have concerns about late submission of the claim. However it isn't unusual that child claims are not presented for some months post accident. Plus your daughter has a genuine documented injury (it's not a simple alleged whiplash with no record of GP attendance etc) so that will likely negate most concerns over late reporting.

As has been said, keep all receipts if you haven't already been doing so. You might also want to keep a record of your daughter's ongoing physical and psych symptoms. It can be hard to remember back over the months how these affected her. It's something I used to advise clients to do, and it can be a positive to look back on and see progress.

Just a point on future symptoms etc. The pp referencing possible losses is correct to an extent. Your daughter won't be compensated for what could have happened. But if the medical experts consider for example there is a risk of future arthritis/ need for surgery/ that it will affect her in later life, they will tend to express that risk as a percentage, and that can be used in calculating the appropriate level of damages.

Ultimately any claim is for your daughter's benefit, and any compensation will be hers once she turns 18/ when the claim is settled, whichever is the later of the two. I'm sure in years to come she'll be glad your pursued a claim on her behalf.

Hi @MotherOfDragons27

I'm a PI lawyer in England and would be more than happy to talk to you about your daughter's possible claim if you like. No obligation at all and no charge.

There's been an awful lot of nonsense in some of the replies!

It's really not that stressful at all. You wouldn't have to worry about gathering her medical records etc (I'd have you sign the right form and do all that), I'd get police report etc.

Sounds as though she's had a really horrible time.

Drop me a DM if you like a chat.

@Sometimesfraught82

Insurance here. You don’t have any claim UNLESS the bot was convicted of driving without due care and diligence

This is categorically not true. You can claim compensation for an injury regardless of whether there was a conviction. This is a civil matter, not a criminal one.

I work in the field of rehab for people who have been successful in pursuing personal injury civil claims for liability, not criminal cases so no conviction needed. Usually the payout comes from the individual, their employer or their insurer depending on the circumstances and you have three years to instruct a solicitor for a RTC claim. This is because initially the focus is on physical recovery, then mental recovery and it isn't unusual for it to take time to really appreciate the impact and in some cases see the lifelong neurological damage show up in everyday life.

There are various assessments that would be ordered on both sides. If successful a judge awards money for different aspects of ongoing need, ie private physio, MH treatment, having a case manager or support worker if there has been damage to the person's ability to look after their own life/money etc. It is sometimes possible to get an interim payment where you need money for treatment whilst the case is ongoing.

So to sum up, appoint a solicitor with a good track record of success in personal injury cases!

Usually the payout comes from the individual, their employer or their insurer depending on the circumstances and you have three years to instruct a solicitor for a RTC claim

It is extremely unusual for payouts to come from individuals rather than insurers. Very few individuals would have the funds to meet the judgment for a start.

If the driver was uninsured then the Motor Insurers Bureau deals as though they were the insurers. The MIB is basically a fund contributed to by all motor insurers. The do then seek a contribution to their outlay from the uninsured motorist (attachment to earnings orders and such like).

If the driver had been uninsured the police would have done something as it's a criminal offence.

Anyway, uninsured or not it's not for you to be particularly worried about as your daughter's claim would proceed in the same way practically speaking.

It's easy to tell if he was insured at the time too as there is a database we can search to show policies for a particular VRN by date.