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.

A similar thing happened to my brother. He was crossing at a pedestrian crossing and the driver went through a red light. Not speeding or anything and the crossing was notorious for poor visibility. He suffered a serious head injury and several broken bones. He has totally recovered thank goodness but was off school for six months.

The driver stopped and was taken to court for driving offences. He was banned from driving and lost his job as a result. I can’t help but feel a bit sorry for him, even to this day, as he was so full of remorse and I fear it will stay with him forever.

My parents did make a compensation claim though. The money was paid out by his car insurance as opposed to his personal pocket, otherwise they wouldn’t have pursued it. He got £10k plus my parents expenses so not a huge amount. The value of the award is directly related to the injury sustained - so a broken finger would be laughed at. They did take into account PTSD but it honestly felt like quite a small amount after everything he had been through. There was an option of a much higher amount but it came with strings attached and would have been a much longer drawn out process. He didn’t have to go to court himself. The insurance company just paid out to settle it.

To be honest, the money would have covered cosmetic plastic surgery to sort out some of the scars on his head when he got older but he decided against it. It went towards the deposit on his first flat.

OP, I know this happened a few days ago now and you're probably sorted but, I'm currently having my arse handed to me by WINN solicitors from a bump I had several months ago.
Completely my fault, I was distracted and rolled into someone in traffic at about 4mph if that. No visible damage to either car other than a tiny scratch from where my number plate bumped. They are claiming for PI, time off work, extensive damage and all sorts of crap.
Fortunately I took pictures at the scene and they didn't and the damage they are claiming for doesn't match the damage from the pictures or match up to the damage (or lack there of) on my car.
If I hadn't argued back the insurance company would probably just hand over a lump sum. I'm amazed how much WINN and this guy over-egged what happened to get some money.

So in summary, companies like WINN will probably be able to help you with your claim. Seeing how aggressively they are pursuing me, I think they'll be able to try a canny wedge from this driver.

Personal injury claim is always going to be lengthy because you need full medical evidence as to the long term repercussions of the injury. For example if a broken bone doesn’t heal well so that it limits mobility in a hand this might impact earning capacity in the future. This type of factor will be considered in the damages award.

so please don’t be put off by timescales. In any event you as the adult will be acting in your daughter’s behalf so you can be handling it quietly in the background without it impacting on her directly IYSWIM. At some point the other party will almost certainly try to settle the claim. At that point you can consider the amount being offered. The damages may become a useful nest egg for her.

id contact a nice local firm and get the ball rolling

There is no "milking the system" here. She has suffered an injury, someone else is at fault, and they should pay her damages, to cover the pain and suffering caused by their mistake (worrying too how many people on this thread are either trying to make it dd's fault, or discourage you from undertaking any form of legal action.) The damages can also include any extra costs you have incurred, time off work for example, or any equipment necessary, and is separate from any decision by the police to prosecute or not. A no win no fee is actually the best way to go, do you have a local firm that you are already familiar with?

My DP was involved in a cycle accident three years ago and it’s still to be settled by the drivers insurers - the driver accepted fault immediately but the negotiation on damage has dragged on and on and on and now is finally in court this week for judgement

this isn’t about him pushing for more money, his medical insurers are running the case and the defendant has simply refused to offer anything like a reasonable amount to cover the costs of his treatment and the damaged bike, let alone any compensation

over the years my DP had to have a number of independent medical reports which meant going through the accident again and again, and honestly it’s been extremely stressful and hasn’t helped him move past it

I guess I’d just caution whether you really want to put your daughter through the claim process - she will need further medical examinations, she’ll need to talk about the accident and her actions will be questioned to assess contributory negligence whether you like it or not, the casual opinion of the police on scene doesn’t count for much unless the driver is successfully prosecuted

i hope your DD has a speedy recovery

If you're going to claim then make sure you keep a track of any expenses related to your daughters injuries, like taxis /travel to hospitals. Any items you have had to buy because of your daughter's injuries. ie cast covers to allow her to bathe.
The process can be very slow as they often like to wait until injuries have had time to heal in case there are long-term consequences of the injury that aren't immediately obvious and would affect the compensation amount.
Hope your daughter gets well soon

Op my son was hit by a car he was crossing at a crossing and the van went through a red light. He was not badly injured, we were extremely lucky as it was at low speed. But we did get compensated by the driver. We used home insurance to cover legal costs and son was awarded the money which was paid into his CTF. He has access to the money now as he turned 18 over the summer. It was straightforward, medical reports, receipts for replacing ruined clothing, an amount for the trauma. Very easy court hearing, the judge was great. No challenge from the driver, we were compensated through his insurance.

The day it happened is seared on my memory and still haunts me occasionally as it could have been so much worse. My sympathies op and your child I hope she recovers well. X

OP please pursue a claim for your DD.

It absolutely WILL take a long time, but it WON'T be a stressful process. Just a phone call or email every couple of weeks/months.

Don't let anyone put you off making a claim for your daughter OP.

I had an accident as a child at a hobby (the organisers were found to be at fault and not safe). My parents claimed and I received a lump sum when I turned 18. It bought be my first car! I have no lifelong issues from the accident and I hardly remember it, think I blocked it out as it was quite a severe injury but I spent a lot of years of my childhood having to see various consultants and hospital visits and checkups so I don't feel bad at all for receiving something for it!

Wishing her a speedy recovery.

Don't go to a NWNF solicitor because obviously they will take a cut.

Use the legal cover on your own insurance (house?) - that's what it's there for!

Check your house insurance but possibly see if a local solicitor can give you basic guidance on picking a personal injury lawyer and crucially the law around compensation. I believe she would be entitled to actual expenses so this includes hospital parking for instance, and private physio perhaps then it gets trickier because she's a child - there's no loss of earnings but if her studies were affected perhaps the cost of tutoring to catch up then for injuries that have healed it's rare to get very much (if ongoing there's more to claim).

Be aware of what you are getting into because the alternative is to simply put in a fair claim directly yourselves and they may just pay out because it's cheaper than dealing with solicitors. I've done this (different circumstances) and they paid out the £5k in full, you wonder if you should have said more but that was fair for the situation.

32 years ago I had a whiplash injury, breaking 2 spines in my neck. 11 years later a diagnosis of hypothyroidism. 4 years ago, due to arthritis in my neck I was told I cannot work at a pc.

You never know what may be the future consequences. You need a really tough personal injury lawyer.

No, there is no legal aid for personal injury cases irrespective of age.

Also recommend Irwin Mitchell. The fee any solicitors can take is capped and they tell you exactly what it will be ( depending on award) before you sign up.

Will the driver’s insurance not automatically pay damages though?

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.

any money awarded to your dad in compensation, will not be handed over until your dad is 18. The court will keep the money in a savings account and handed directly to your dd

Dd not dad

A good approach is to see whether the no win/no fee companies are willing to take the case on. If they are, then I'd go with a reputable solicitor who has a fixed fee or at least a fixed hourly rate. The no win/no fee companies can take up to 40% if they win! They won't take on a case they risk losing obviously, so essentially the tag-line is misleading. People think that they won't have to pay any fee whatsoever when, on the contrary, it can amount to a massive percentage of any compensation.

You;re free to sound them out though! and then go with a longstanding firm with a good reputation.
if you do go with a no win/no fee company -ask them what the % fee is in the event of you/you daughter winning the case

Even if the child needs medical care costs before then?

Seriously. Driving 101 is that you need to take extra care around busses, look for legs/feet underneath the bus etc etc. A driver is almost always at fault for hitting pedestrians as the responsibility lies with the person behind the wheel.

The driver needs the book throwing at them for hitting DD and being on the wrong side of the road.

Hope she's ok and that you get what you deserve from the claim OP.

@rak5a don’t be put off, it’s actually not that hard and you will be chased by the ambulance chasers until you appoint someone. A few years ago, my car was hit by another - 100% their fault. Me and my DD were in the car. As soon as I reported to insurance, I was chased by several NWNF companies because they have access to the info. So I decided to sue for compensation to stop being chased. I decided to go to a ‘standard’ solicitors instead so that DD would get all her compensation. It was a risk - but it was pretty clear the other driver was at fault and I negotiated with the solicitor. It did take about 2 years to settle but actually it was very little work and my DD just forgot about it while I did the paperwork. We both had to have private medical assessments after about a year to assess for any long term injury, which was helpful and reassuring. Thank goodness - nothing. We also claimed for the physiotherapy we both had. It didn’t go to court. His insurance company just agreed a sum with our lawyer and paid the lawyers’ fees. Good luck, I hope your DD recovers quickly.

Jackson v Murray was the bus case I was thinking of -gave 50/50 Blame (was 90% child at first instance)
So really depends on the facts.

www.womblebonddickinson.com/uk/insights/articles-and-briefings/contributory-negligence-and-pedestrians

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

A wise idea, but be aware the driver's insurers will probably say a 12 year old could reasonably expect to be cared for anyway. Similar is happening to me (though rather older!!) and they'll try anything to reduce the payout, often leaving it to just before a court date to stump up

PPs aare also correct that you don't need one of these ghastly ambulance chasing companies; many reputable solicitors will act for you on the same basis these days, though I've no idea whether she'd get legal aid

Good luck with it anyway, and I hope your DD makes a full and swift recovery

Hmm but wasn’t the terms and conditions explained upfront? The fee shouldn’t have come as a shock

I’m glad your daughter will be ok, but a really horrible thing to happen.
You could contact your own car insurance company for solicitor advice. I have pmd you with a company I have personal experience of who are excellent.
I hope your dd makes a speedy recovery. 💐

Absolutely make a claim.
I was injured in a car accident a few years ago- other driver's fault and I claimed compensation - private physio, counselling etc.
My injury lawyer was fantastic, and suggested a whole lot of legitimate expenses- taxis fares, time off work, and inconvenience, they phoned almost every day, it was a no win no fee basis, so didn't cost me anything upfront. They take a percentage of any compenstion, sois in their own interests to make sure you get the best offer- in my case they advised rejecting the first offer, and within 48 hours the offer was increased by 30%.
Do some research fist and find a good legal firm, don't just respond to adverts.
I used a company called Digby Brown, based in Glasgow.
I assume you are in England, I know Scottish law is different, but there must be similar good legal companies you canhave to find.
I am sure others have said but the driver won't have to pay himself- funds will be paid from the bus company's insurance.
I hope your DD recovers quickly.