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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

DD hit by car

222 replies

rak5a · 17/09/2022 20:11

Our 12 yr old DD was hit by a car as she got off the bus and was crossing the road. The driver had crossed over the reservation to drive on the wrong side of the road to beat traffic to make a turn and hit DD head on. It was awful but she will recover eventually. She has a broken bone and serious concussion and lots of cuts and bruises. It will take months to heal and she is in a bad way.

The police have said they will pursue either dangerous or careless driving (driver at least stopped and stayed at the scene). We feel strange thinking about it, but presume we should make a claim against the driver’s insurance. However we don’t know where to start - all these “no win no fee” websites just feel dirty. We think our DD should be compensated for her suffering and would put any award into a savings account for her to have when she gets older. Has anyone been through this? We want to be sensible but aren’t looking to “milk the system” so don’t want a horrible ambulance chaser. Any advice gratefully received.

OP posts:
Elieza · 17/09/2022 22:15

Look at your house and car insurance to see if you already have legal cover.

you may also have it via your union membership or through some other organisation you are a member of.

I hope your daughter gets better soon. What a dreadful experience for her to have gone through. Will say a prayer for her.

Jalepenojello · 17/09/2022 22:15

The driving was over taking. When crossing the road you look both ways surely? If it was 10 car lengths as you say….then surely your daughter would have seen them coming? Did she look when crossing? Your version of events isn’t making sense.

As posted, get legal advice and most personal injury claims are
no win no fee. Focus on your child’s health first

UniversalTruth · 17/09/2022 22:16

Oh and you might be entitled to financial reimbursement for expenses directly related - hospital parking, any time off work, pay for extra caring you'll need to do etc so keep a log if you do decide to go down this road.

Rogue1001MNer · 17/09/2022 22:16

This reply has been deleted

Not in the spirit

Sanctimonious, nasty and unnecessary. You should be ashamed of yourself

NoWordForFluffy · 17/09/2022 22:16

Qwerkie · 17/09/2022 22:11

Nasty prickish thing to say.

Show quote history

There are some people on MN who really detest the idea of compensation for injuries. It's very odd!

OnTheBrinkOfChange · 17/09/2022 22:17

This reply has been deleted

Not in the spirit

But she might have life changing injuries and the OP needs to make sure she's protected.

Qwerkie · 17/09/2022 22:17

All you armchair sleuths need to seriously get a life. Why are you picking holes? What do you hope to gain?

Original poster
rak5a · 17/09/2022 22:18

I’m not going to respond to the horrible people who are insinuating it could have been my DDs fault. The police made it very clear it was not. I’m content with that and only care about my DDs best interests.

Thank you so much to everyone who has responded constructively. I’m going to check our home insurance legal cover for possible advice as well as Citizens Advice.

OP posts:
Idontdoyoga · 17/09/2022 22:19

I’m so sorry for your daughter & you and your family. Your worry must be so intense and I hope she makes a full recovery. What a terrible shock.

In your shoes I’d go see a local law firm, maybe more than one, for half hour free consultation. This might give you an insight into how to take matters further. You owe it to your daughter to explore the legal route whatever your distaste for the notions you’ve outlined.

Also, take into account that your daughter may appear to make a really good recovery now but what of the future? What if, as she grows up she starts to suffer physical or mental repercussions? Arthritic joints, PTSD?

I’d absolutely pursue the dangerous driver. She needs to be taught that her actions cannot be overlooked or diminished in any way. The legal route is the way to go.

BreadInCaptivity · 17/09/2022 22:21

The "no win, no fee" solicitors aren't milking the system. They milk their clients in so far they claim a large chuck of any compensation paid (can be as high as 50%).

On the positive, they are practiced in this area of law and only take cases they believe they have a high chance of winning (and making £££) out of.

You can contract a solicitor to make a claim who isn't no win, no fee, but obviously you will have to pay for their services upfront and if you lose you are out of pocket.

Personally, if you have the money to engage a solicitor and pay their fees without sacrificing any settlement, I'd go this route if you believe you have a strong case (and it sounds as if you do - wrong side of the road, lots of witnesses etc).

Go to The Law Society webpage and you can search for solicitors local to you who specialise in personal injury claims.

Go see a few, do research on them and find someone you feel comfortable dealing with. A great solicitor isn't worth a damn if you don't get on with them. A good one whom you trust and can positively engage with is a gem.

TooMuchToDoTooLittleInclination · 17/09/2022 22:21

This reply has been deleted

Not in the spirit

Nasty & uncalled for! I'm sure their DD is getting all the care she needs & wants.

but she's bound to have some long term impact from this and some compensation will assist her to get the care she'll need in the future!!

@rak5a I hope she makes a full recovery & in good time!

Aquamarine1029 · 17/09/2022 22:22

I would go after that driver for every single £ you can get. Dangerous drivers deserve everything that's coming to them. I would speak to a solicitor at the very earliest opportunity, especially if witness statements need to be gathered.

NoWordForFluffy · 17/09/2022 22:22

You don't get a free half hour in relation to PI claims. How to 'go about' the claim is to instruct a solicitor, they'll submit the claim to the driver's insurer, and then progress the claim thereafter.

OP, Citizens' Advice can't help you. You need a solicitor. If you don't like any which come up when you Google, then use the Find a Solicitor section of the Law Society's website to find somebody suitable.

MelodyPondsMum · 17/09/2022 22:23

No-one is picking holes. They're trying to determine the facts because any lawyers will do the same and the facts will impact the advice that people give and also impact on the levels of compensation if it's awarded.

OP is emotional and upset understandably but that means her posts aren't really making sense. From her description it sounds as though the car was overtaking. Her dd was not at a crossing. The police are considering dangerous or careless driving charges.

My DSIS was knocked down in similar circumstances. She made a good recovery and we were all super cautious crossing the road when we got off buses from that point on.

NoWordForFluffy · 17/09/2022 22:26

The "no win, no fee" solicitors aren't milking the system. They milk their clients in so far they claim a large chuck of any compensation paid (can be as high as 50%).

Pretty sure they can't take that much.

Also, this is a claim for a minor. The settlement will have to go in front of a Judge, who will have to approve not only the damages agreed, but also whether the solicitor is allowed to take a deduction from the damages. It's very rare that they say yes or, if they do, that it's much greater than 10%.

Even if you pay privately, you don't always get your full costs back from the other side, due to negotiation on rates / hours. It's actually probably better to go NWNF!

LondonLovie · 17/09/2022 22:28

I was hit by a car. Used the 'easier' root legally and went for a no win no fee. It's slow, it'll take 2 years to get any money, at least. This is to cover the costs of physio, time off work and medical costs. However, I don't have to find my lawyer and they will take costs out of my settlement.

The court side of things has been an absolute nightmare, just to warn you. Court service are diabolical and the person got a small fine and couple of points. It wasn't worth the stress, days off work and general emotional exhaustion

Y7drama · 17/09/2022 22:28

I’m so sorry for your daughter, I hope you are able to sort something with the advice here.

NalaNana · 17/09/2022 22:29

OP I would advise Irwin Mitchell as a firm to research. They are a large firm based in many cities in the UK and specialise in personal injury. They would likely do it on a no win, no fee basis as is the norm in this area of law. Usually you have 3 years to make a claim but as your DD is a child, she will have until she's 18. There's no need to rush.

I understand your frustrations at some of the questions in this thread, but be prepared that these are the things that will be asked later on. The claim you'll be making is a civil one, not a criminal one, based on the drivers negligence (i.e they had a duty of care towards road users, they were negligent in their duty, that negligence caused harm to your DD). As part of this, they will explore whether or not your DD contributed towards the incident, and the extent thereof. It sounds like she didn't contribute towards it, but questions about her being on her phone/listening to music etc will arise.

Original poster
rak5a · 17/09/2022 22:30

LondonLovie · 17/09/2022 22:28

I was hit by a car. Used the 'easier' root legally and went for a no win no fee. It's slow, it'll take 2 years to get any money, at least. This is to cover the costs of physio, time off work and medical costs. However, I don't have to find my lawyer and they will take costs out of my settlement.

The court side of things has been an absolute nightmare, just to warn you. Court service are diabolical and the person got a small fine and couple of points. It wasn't worth the stress, days off work and general emotional exhaustion

Thank you for posting. This is really helpful. We absolutely don’t want to put our DD through anymore stress so if it’s likely to be a lengthy painful process then we would just leave it.

OP posts:
FurAndFeathers · 17/09/2022 22:31

Jalepenojello · 17/09/2022 22:15

The driving was over taking. When crossing the road you look both ways surely? If it was 10 car lengths as you say….then surely your daughter would have seen them coming? Did she look when crossing? Your version of events isn’t making sense.

As posted, get legal advice and most personal injury claims are
no win no fee. Focus on your child’s health first

Overtaking is not driving along the opposite side of the road for 10 car lengths to jump ahead of a queue make a right turn.

Did it not occur to you that if the police are pursuing a criminal case it’s likely you are incorrect?

FurAndFeathers · 17/09/2022 22:33

MelodyPondsMum · 17/09/2022 22:23

No-one is picking holes. They're trying to determine the facts because any lawyers will do the same and the facts will impact the advice that people give and also impact on the levels of compensation if it's awarded.

OP is emotional and upset understandably but that means her posts aren't really making sense. From her description it sounds as though the car was overtaking. Her dd was not at a crossing. The police are considering dangerous or careless driving charges.

My DSIS was knocked down in similar circumstances. She made a good recovery and we were all super cautious crossing the road when we got off buses from that point on.

Unless you are pursuing the case or awarding compensation why do you need the ‘facts’?

why not just answer the question the OP asked?

the ‘facts’ as you see them have zero bearing on that

SuperCamp · 17/09/2022 22:35

You might find that your household contents insurance includes some personal injury payment. And / or legal advice for any PI claim. Give them a ring.

Many very respectable solicitors act on a no win, no fee basis for PI matters.

NoWordForFluffy · 17/09/2022 22:35

rak5a · 17/09/2022 22:30

Thank you for posting. This is really helpful. We absolutely don’t want to put our DD through anymore stress so if it’s likely to be a lengthy painful process then we would just leave it.

Show quote history

The length depends on how badly injured she is, and how many medical reports are needed.

There is no need to issue a minor's claim until their 21st birthday, so the chances are you don't have to have the Court involved (other than the Settlement Hearing at the end, which is 10 mins long, or so).

You can't settle a child claim until they're recovered (or the medical evidence is complete where there's permanent injury), as the Judge wants to know that the level of compensation is correct.

If they admit liability, it needn't be hugely stressful. Length of claim is determined by severity of injury and length of recovery period in that situation.

Puppers · 17/09/2022 22:35

Gotta love Mumsnet. The police - who actually know the facts of the case - are pursuing a conviction against the driver of the vehicle but we’ve got a bunch of know-it-alls here speculating that OP’s daughter is to blame 🙄

I'm not sure why people are digging into what happened and trying to apportion blame anyway because it reads to me like OP is asking what kind of firm to engage rather than asking how much compensation her daughter will be awarded.

SarahAndQuack · 17/09/2022 22:38

Your poor DD - how awful.

I don't have experience of this sort of situation, but I do have experience of having been in a position to decide whether or not to take legal action on behalf of my child (we didn't, because it was when DD was newborn and we were just too snowed under, and I do regret it TBH). At the time, a lovely friend of mine suggest she would do the actual admin, and would only contact us if she absolutely needed to do so. She pointed out (rightly) that it actually wouldn't be anything too taxing for her - the taxing thing is the emotion. We didn't take her up on it, but - would any family member be able to step in on your behalf? Even if they'd just sit with you while you do the legal bit, it might make you feel that much more able to tackle it?

It does sound awful, and I hope whatever you decide, you and your DD get some closure.