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.

Sorry for your DD and police have already told you it wasn't her fault so ignore the nitpicking. I was hit as a pedestrian when 16yo. I bounced back too fast, couldn't be told to rest- teens are invincible don't you know! My parents were advised to ask for future medical needs based on my injuries. So a few years of physio were covered - up to my 20s, then my 30s were fine. Now in my 40s & 50s I have severe osteo arthritis in one knee which is completely attributable to the MVA so ask the clinicians for advice on the long term needs, however small. It affects how fit I can keep myself long term - I need a cane now.

@rak5a Im really sorry your going through this OP I really hope she makes a speedy recovery. I’m not sure if this would be any good for you Op but we was in similar sort of situation . My dad was hit by a car 11 years ago , he was crossing the road (again no crossing no lights no island no zebra crossing ) and car had tried to over take a bus as he thought it was stopping at a bus stop but it was actually stuck in traffic . The car reversed at 15 mph in central reservation and hit my dad. My dad was left with fractured skull , bleeding on the Brain and broken ear canal. The driver was charged with dangerous driving and luckily the shop opposite has cctv evidence of my dad crossing the road and him being hit by the car .

We straight away went to a solicitor recommended by someone , I’m sorry I don’t remember the name of them . They were no win no claim . We did this straight away as we didn’t know how bad my dad would be or if he had life charging injuries . So my advice would be get in touch with a solicitor asap , as you don’t know if she’s gonna need any help down the road . Anything he needed physio or any other therapy the solicitor Paid for . It took 5 years for a payout as he had completely life changing injuries . He had brain damage as a result , he couldn’t walk , couldn’t dress himself , couldn’t do anything and needed a 24 hour carer . He lived in a townhouse and could no longer walk up the stairs so his solicitor made sure he got a payout so he could buy a bungalow . They also claimed as he couldn’t work for 3 months he as in hospital and then they claimed when he could no longer work because of his injuries. So if you or your dp etc have taken time off work because of the accident they could claim that back for you .

I would look at solicitors especially no win no fee and just look at their reviews and take it from there. His car insurance company were the ones who were taken to court and they were the who had to give my dad the compensation .

I'd definitely try to claim for her. Even if it's put in a trust for when she is 18. She's going through a lot of physical and emotional pain because of something that isn't her fault.

I hope she has a speedy recovery. Xxx

Also you should try and ask the bus company for CCTV, if they will give it to you to back up your story.

Absolutely put the claim in, it's called compensation for a reason.
The money will come out of the insurance company's profits, that's what it's there for.

I hope your daughter recovers well and the stupid driver learns to look out for other road users and hopefully never drives again.

Cases rarely get to court but if it does, the judge isn't likely to be sympathetic to a driver on the wrong side of the road, particularly if they are prosecuted.

The reality is this will be an argument about how much compensation is paid, which will also depend on her suffering and long term impact on her. Check out legal aid and also the Law Society to find a claims specialist that you are happy with as in reality your local high street solicitor probably won't have the right expertise.

Ignore the parts suggesting it was partly her fault

Please get her cranial oesto for head injury it will help a lot

OP I do have experience of claiming compensation through a NWNF arrangement. They aren’t all ambulance chasers, we used a reputable, well known firm and they were excellent. Please be aware that the compensation paid for the actual injuries is surprisingly little, it’s the loss of earnings and cost of physiotherapy and other assistance that contributes the bulk of the settlement. In our case the process took well over two years and involved visits to multiple medical specialists all over the country. It was stressful and at times upsetting because of having to repeatedly relive the accident. I would not recommend it unless your daughter is likely to need physio and ongoing treatment for which NHS provision is likely to be poor. If there is no long term impact, and no long term loss of earnings, you may find that the sum awarded for injuries and distress alone simply isn’t worth the stress of the process.

If you have legal cover on your house insurance that might help?

I’d go to a local solicitor.

I’ve had huge payouts in the past but after the company took their cut I had like £5 K

Our DS was hit off his bike by a drunk driver when he was 12. Both he and his bike were damaged. The bike irreparably.

The driver was found to be guilty & was fined and given points. DS received £110 for the damage to the bike. That covered the cost of half the bike light that was crushed.

We had to resort to a no win no fee to recover the cost of the bike. He did not receive any compensation for injuries because by the time it made it to court his injuries had healed... no consideration was given to the MH aspects of being run over.

We had no access to legal aid because he was awarded the £110 at the drivers hearing.

Try and keep as detailed records as you can now, this will help when you claim compensation. As other posters have said you don't need to rush to instruct a solicitor but focus on your daughter and her recovery. I hope she recovers well.

I suspect any claim will be contingent on the criminal case concluding first as if he is convicted of dangerous/careless driving on the standard of beyond reasonable doubt then it's far easier to prove the compensation claim as that's only on the balance of probabilities. It may take a little time depending on how proactive the police and CPS in your area are. You will need your own solicitor and is go with someone you know in the area rather than a larger company that does a heavy advertising campaign. They will probably take a far bigger fee.

I hope your daughter makes a full recovery.

Just to be clear even if he's not charged or if he's charged and acquitted that doesn't preclude a compensation claim because of the lower standard of proof.

Firstly so sorry she was involved in this accident and wish her a speed recovery.

Some High St solicitors offer a free hour consultation, perhaps try that, at least they'll advise you regarding the correct procedure.

Your poor dd how traumatic . You should definitely pursue an injury claim for her . Try Carpenters or Irwin Mitchell both used by big insurers . But firstly check home insurance and your own motor policy .

A third vote for Irwin Mitchell. Not quite the same but they acted for us on a medical negligence case and were professional and sympathetic and helped us enormously.

While I understand how you feel and that you don’t want to hear people saying your daughter might be partly at fault…

despite what the police say, is this goes to court,
the driver’s lawyer is going to ask these type of questions and worse to your daughter, so be prepared for the nastiness that will be thrown at her.

My sister was killed by a speeding driver and the only punishment was 6 points and a £6k compensation. Just be realistic about what you can hope to get for your daughter

No win no fee agreements are formally known as Conditional Fee Agreements, are used by most firms, ambulance chasing or not, and provide access to justice.

I'd suggest Slater and Gordon or Irwin Mitchell.

No experience of this, but this website seems to have a fairly comprehensive summary of what to expect from the process. It says only 5% of claims ever go to court, most seem to settle. Under the circumstances, with the police prosecuting and all, I’d have thought yours seemed pretty straightforward.

www.waldrons.co.uk/insights/what-happens-when-a-compensation-claim-goes-to-court/

Definitely worth claiming so you can pay for things like private physio. NHS physios are good but they’re often constrained by the system and will get you back on your feet, but not necessarily to where you were before. Private ones have more freedom to push. The money can also be used to fund things like therapy, if she’s suffering from the trauma of it all, or adjuncts to physio, like massage etc as her recovery progresses.

I hope you’re ok op and of course that your DD makes a quick recovery. 💐

I think the police pursuing a charge kind of takes that burden of proof away from the OP. Have a word with yourself about your victim blaming mentality.

OP no advice because it’s not something I’ve had to be involved in, but I hope your dd recovers quickly and well 💐

Are you actually blaming the victim here?

Is there not a personal injuries board in the UK?

Has the driver been charged with an offence? It will be far easier to pursue I think if the driver has been charged and convicted.

The money you should expect to receive would be a combination of compensation for all medical costs and sometimes courts award punitive damages too. This will all come out of the driver's insurance policy. It's not as if the nasty woman will be paying out of her own pocket.

Hope your little girl has no life-changing injuries. You can absolutely ring around personal injury lawyers. A paralegal usually takes the details and then passes it to a lawyer to decide whether it's something they believe they can reasonably win. I would get at least 5 opinions. If they all say no, then you're fucked quite frankly and that's a horrible situation for your dd to be in, particularly if she needs extensive treatment.

Best of luck.

Most solicitors give an initial free consultation. Pick a reputable one to explore your options and feasibility of a successful claim. Armed with this knowledge- you can then choose to use them or go for a no win no fee or do nothing if there is no strong case. Hope DD recovers well

See a recommended solicitor. I could tell you all sorts of 'helpful' things but I'm not actually qualified.
Wishing your poor DD a speedy recovery..