DD hit by car

[rak5a]

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.

For all the folk interrogating the OP.

1. there is no requirement for a pedestrian to use a crossing in the UK.
2. the highway vide makes it very clear that you should not overtake on the approach to a junction.

I always find it baffling how many people don’t have basic driving knowledge.

Was this in Nottingham today?

citizens advice can’t help with this, you’ll need a Solictor.

Nothing wrong with no win no fee in these circumstances if you haven’t got legal cover.

you have 3 years to make a claim, or your daughter can make a claim her self once an adult, again 3 years time limit, so she has until she’s 21.

Get witness names & numbers, maybe even a short summary of their version of events for your records. keep a diary and photos of all appointments/cost/injuries/diagnosis.

it can take years to receive compensation, especially if your daughter has a long recovery and if it is awarded to a child the court will put it into a savings account that cannot be used until they’re an adult, save for a couple of exceptions (educational enrichment etc)

Before you sign up to a "no win, no fee", have a thorough look at any legal protection policies you have. No win, no fee means a chunk of compensation is paid to the solicitors when you "win". There is very little risk in your daughters case.

My DH was hit by a van cycling and was badly injured. Driver was prosecuted for careless driving and got 3 points on his licence! But DH did apply for compensation and while it took a long time the legal firm did all the work. He had private physio and rehab which was all covered once the claim went through. His aim was to end up in the same condition he was before the accident -which thankfully he did. Honestly you’ll have a long time to sort it all and why shouldn’t your daughter have compensation for her injuries?
wishing her a speedy recovery. It must have been awful for her and you.

The deduction is rarely awarded in minor claims. Judges don't have an appetite for it.

If she has experienced a head injury even if it’s ‘just’ concussion, you should definitely pursue a legal claim. This is what we all pay car insurance for, so you should not fedd we l guilty.

Keep note of everything and hold of all education records before and after the event, all correspondence from school. As she is young the legal process will be long.

Even if the car driver was not 100 % at fault (this is for the critical
people on the thread), drivers still have a responsibility to account for the unexpected.

I hope that your daughter and you / your family are ok.

It’s a long process because the insurers want to be sure that her injuries and either long term or short term and a judgement is based on continued care v full recovery -

Which you won’t know until further down the line.

Id say it’s worth pursuing- for her sake

Don't feel dirty - your daughter has gone through a life changing event and could possibly need further treatment in the future, both mentally and physically.

She should be compensated for this trauma and the driver should be punished; it sounds like the police are on top of this hopefully.

Call reputable solicitors in your area - they will have a chat with you and give you advice as to what happens next. No win no fee, for as cheap as it sounds, is actually a good route to go down for obvious reasons.

Good luck and speedy recovery for your girl - ignore anyone saying it was her fault, you'll always get someone going against the grain just for the sake of it.

I started using a NWNF company but I had legal cover with my house insurance so would have to justify why I chose the NWNF company, I went with the legal covers solicitors

If you have legal cover, most NWNF solicitors will match the terms (i.e. take no deduction).

No, the driver was not overtaking. Driving up the wrong side of the road to pass a queue of cars at a junction is clearly against the highway code.

The normal thing is to check both ways before stepping out, but most people check to their right last as that is the direction from which traffic should be coming. If, having checked both ways, you check to the right again then step out into the road and a car decides to drive up the wrong side of the road while you are doing this, you won't see that car.

The OP's version of events makes perfect sense.

Pedestrians have right of way. When a car hits a pedestrian, it is almost invariably the driver's fault. There may be a finding of contributory negligence against the pedestrian which would reduce the compensation received. However, the driver will find it hard to get a finding of contributory negligence when they were driving up the wrong side of the road.

Ignore the posters who are amateur sleuthing, only the courts can decide about negligence and every case is considered on its merits. No win no fee law firms are merely ones that specialise in PI (rather than working across lots of different areas). Ring a few, talk to someone and get a vibe. You should absolutely consider seeking compensation for your daughter's injuries, the full extent of which may not become apparent for some time.

If you are referring to the chunk of compensation paid to the solicitors, that is nothing to do with the judge. That is governed entirely by the contract between the claimant and their solicitor.

I would recommend Irwin Mitchell as a firm that does NWNF work and has an excellent reputation. Amazed at some of the posts on this thread- of course you have a claim based on what you’ve said and your daughter is entitled to compensation.

Nope. You're wrong. I'm a PI lawyer, and the deduction from a minor's claim has to be approved by the Judge at the Infant Approval Hearing.

Sorry, I'm with you. Typing on multiple threads and confusing myself, forgetting this one was about a child.

I don't understand why you are so hesitant to take this further and I don't understand why you think it would be stressful for her if it takes a long time. This type of things might look dramatic on TV courtroom dramas but in real life this would be straightforward.

In the mean time keep,a log of all your extra expenses. Every single one of them such as days of work, taxis, parking etc.

I hope your daughter feels better very soon. ( and I hope you feel better too! It must have been scary for you )

Obviously if it goes beyond her 18th birthday, then you're correct!

(Ignore my user name).
My daughter was hit by a car and "only" had a broken ankle (2 operations, wheelchair then crutches).
She's overly anxious about crossing roads (late teens).
Driver wasn't paying attention to pedestrians.

Go after every penny you can!!
Your poor daughter will need a lot of care and time (probably yours) to recover. It's not a quick recovery by the sounds of it, so get what you are entitled to.
Lawyers do most of the work, go for it as the compensation will be needed to pay for private physio, extra help with housework as you will be looking after her as opposed to hoovering.

Don't underestimate how hard her recovery may be for you as her carer. Don't try to be Superwoman and delegate what u can.
Sending all of you my best wishes for an easy recovery.

Considering that a child crossing from behind a bus is literally one of the specific hazards that formed a part of the Hazard Perception part of the theory test when I took it and has done so for many years since, I find it highly unlikely that the notion to pay attention when approaching a stopped bus is news to anybody who has obtained a driving license in the last two decades.

Children travel on buses. Children get off buses. Children don't always look. It's a known thing - which is why it was put in the test. Contributory negligence wouldn't be a finding here, even before taking into account that on looking, the child would have seen a stationary line of traffic and not the prick who thought they were too special to wait.

I'm currently on this route following being hit by a car
He was not prosecuted but has admitted liability. This may be the same for your DD. I think it's because it was obviously his fault and the legal costs for his insurers would be high if barristers etc involved too.
I asked legal friends for recommendations as I didn't want for various reasons to go to one's advertising on tv or internet (long reason why) It's a big firm but one specific solicitor was recommended.
PM me if you like

your poor daughter! I hope she makes a full recovery.

completely unrelated but I was hit by another skier. Entirely his fault. Suffered three fractures. Out of action for a year. Left with a small amount of permanent damage

I had legal cover with my ski insurance and used that to fund my claim. I didn’t claim for 18 months as I initially thought it wasn’t on - that it was just one of those things. It was only when someone else said ‘well I bloody would claim’ that I thought maybe I should.

I got a payout 4 years after the accident. whilst you could start the process now, it in part drags on so that any permanent damage can be assessed.

It was pretty easy- the solicitor guided me through it, dealt with everything and I just wrote a personal statement and attended a couple of appointments with specialists on both sides so they could assess the long term damage.

Do you have any other insurance policies that would fund a claim? If so they will have a legal firm they will prefer to use. Mine was Blake Morgan.

if you are thinking of going down this route, keep all receipts for any specialised equipment you buy (even if it doesn’t work - I claimed for a tens machine, walking poles, back support,
various pillows, massages) note mileage to appointments, if you have to take unpaid time off work to care for her, note that

Very straightforward. It's everyday work for the solicitor who will guide u thru it.
Get the money - I had to take my dd to the hairdresser to wash her hair cos she couldn't do it herself in the shower.
How does one shower sitting on a waterproof stool with a broken leg wrapped in plastic propped up on another stool?!
I get so angry when I think of all the care and time my dd required cos some dopey moo didn't look properly when driving! 🤬

Might be worth looking at the APIL (Association of Personal Injury Lawyers) website to see where the closest accredited solicitor is to you. It's not that easy to get APIL accredited so any of them should be decent. I'd try and get someone local ish. It really helps doing client meetings in person, like any meeting. You definitely want someone experienced in claims involving children as they can be quite different. Used to be a PI and CN lawyer btw.