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Original poster

Accident on public transport

44 replies

sparklingsummer · 17/10/2024 17:27

Hello,

Just wondering how best to advise my Nan; a few weeks ago she stepped on board a bus and the driver quickly pulled away before she’d had chance to move let alone sit down and in the process fell and injured herself. The bus company has it noted as an accident and the driver ended up taking her to hospital where she had a brain scan (thankfully all clear) and a cut to her arm. She’s unsure whether or not she may have a case for a claim and if so; where to begin with it. Is the first option likely to be seeking advice from an injury lawyer? I’m aware they will likely take a cut of any compensation she may get.

Thank you in advance,

OP posts:
SophiaJ8 · 17/10/2024 17:27

Buses routinely move before people are sitting down? People get up when they’re moving too

Original poster
sparklingsummer · 17/10/2024 17:31

SophiaJ8 · 17/10/2024 17:27

Buses routinely move before people are sitting down? People get up when they’re moving too

Yes, she’s elderly and unsteady on her feet. The bus company noted it down as negligence.

OP posts:
Singleandproud · 17/10/2024 17:31

You possibly need to find if any policy's for that company are available online which they probably won't be but if it's bus policy to wait for travellers to sit down before they move off you might have a case but otherwise I imagine it's just a risk of using the bus. But yes, lawyers will be the first step.

Original poster
sparklingsummer · 17/10/2024 17:33

Singleandproud · 17/10/2024 17:31

You possibly need to find if any policy's for that company are available online which they probably won't be but if it's bus policy to wait for travellers to sit down before they move off you might have a case but otherwise I imagine it's just a risk of using the bus. But yes, lawyers will be the first step.

Thank you - this is helpful. I have no idea where to start and she’s elderly so trying to advise her best option . 😊

OP posts:
WhereIsBebèsChambre · 17/10/2024 17:34

Does she not have to have a loss to get a financial claim?

MillyMollyMandHey · 17/10/2024 17:35

What would your claim be for?

Clariana · 17/10/2024 17:36

As the others say, what loss has she had that she would need to be compensated for?

Original poster
sparklingsummer · 17/10/2024 17:36

Possibly. I’m not saying she’s entitled to claim at all, just want to give her the best advice before just saying ‘on ya bike Nan, you’ve got no chance’ 😂or rather her wasting money on a lawyer when there’s no point.

OP posts:
GretchenWienersHair · 17/10/2024 17:36

SophiaJ8 · 17/10/2024 17:27

Buses routinely move before people are sitting down? People get up when they’re moving too

They’re not supposed to, even if a lot of drivers often ignore this.

Gcn · 17/10/2024 17:37

Surely it's obvious that claim would be for personal injury???

Bannedontherun · 17/10/2024 17:37

Well buses should not move before people are seated, if people chose to move whilst the bus is in motion, that is another matter.

so it will be negligent.

having said that would it be worth it, what are her financial losses as a result, and how much physical, permanent damage was caused.

i dont think it costs anything to ask solicitor but a no win no fee one could end up costing her.

as she would be liable for such things a disbursements should the case be lost or not proceed.

not to mention the hassle.

i would suggest that you complain to the company.

MrsPinkSky · 17/10/2024 17:38

But what does she need the money for?

Did the accident leave her out of pocket?

Has she had to hire any help, or make any adaptions etc?

TravelInsuranceQ · 17/10/2024 17:38

Have the bus company saved the onboard bus CCTV footage?
You may need that if you take this further (they won't give it to you but it should be available if needed by solicitors etc.)

MoneyAndPercentages · 17/10/2024 17:40

Bannedontherun · 17/10/2024 17:37

Well buses should not move before people are seated, if people chose to move whilst the bus is in motion, that is another matter.

so it will be negligent.

having said that would it be worth it, what are her financial losses as a result, and how much physical, permanent damage was caused.

i dont think it costs anything to ask solicitor but a no win no fee one could end up costing her.

as she would be liable for such things a disbursements should the case be lost or not proceed.

not to mention the hassle.

i would suggest that you complain to the company.

And what if there are no seats? London buses routinely move on immediately after the last person boards, and have removed all signage telling you to only stand when the bus is stopped etc.

Philodendron · 17/10/2024 17:40

Bannedontherun · 17/10/2024 17:37

Well buses should not move before people are seated, if people chose to move whilst the bus is in motion, that is another matter.

so it will be negligent.

having said that would it be worth it, what are her financial losses as a result, and how much physical, permanent damage was caused.

i dont think it costs anything to ask solicitor but a no win no fee one could end up costing her.

as she would be liable for such things a disbursements should the case be lost or not proceed.

not to mention the hassle.

i would suggest that you complain to the company.

Agreed

MinervaMcGonagallsCat · 17/10/2024 17:44

Best thing to do is contact a personal injury lawyer.

She's perfectly entitled to make a claim.

Parky04 · 17/10/2024 17:44

I used to deal with injury claims on behalf of a bus company.

The driver has a duty to wait until an elderly/infirm passenger is seated before pulling away. How old is elderly? All depends on the passenger involved.

If bus company are liable, and it sounds as though they are, she can claim for her injuries and any expenses that have been incurred.

InfoSecInTheCity · 17/10/2024 17:47

A few years ago I was on a bus and the driver hadn't noticed the red light coming up so ended up doing an emergency stop. I fell hard and put my hands out because my DD was standing in front of me and I didn't want to fall on her. Ended up with a host of injuries but the worst were a couple of avulsion fractures in my fingers and a broken hand that needed surgery to screw it back together.

I raised the complaint to the bus company, who verified that my version of events was accurate and then instructed their insurance to deal with me.

It wasn't quick because they need a full picture of all injuries and a likely prognosis of any lasting damage or how long it will take to reach a fully recovered status. I had to attend a medical with an independent Doctor to get a full medical report written and then there was a negotiation stage.

I didn't instruct a solicitor as felt I was able to handle it myself and it wasn't an overly complicated case. The injuries were what they were, the bus company had already accepted fault, my direct costs were easy to compile and prognosis for a full or near to full recovery was good. If it had been more complex I would have bought in legal support.

yeaitsmeagain · 17/10/2024 17:52

For a cut on her arm? Not worth it.

It will take years to go through the courts and not be worth it, and you only really get very much if it will have a long term impact on life.

My boyfriend got hit and it was the driver's fault, he broke his leg badly, lost out on a great job offer he had because of it, still had problems using his leg or living his life as he did before years later, and he only got a few grand (which had already been spent on taxis because he couldn't get anywhere otherwise).

Deadbeatex · 17/10/2024 18:21

I appreciate she was injured with a cut on her arm and assuming bumped her head given the scan, and I'm sure she was shook up. However has she been able to do all her normal activities? Has her quality of life been impacted?
I'm not legally trained in any way and I loathe the compensation culture that appears to have overtaken the UK. If she's been left impaired then absolutely you should pursue financial compensation but otherwise a complaint to the company and training for the drivers that certain passengers ie elderly, infirm etc need extra time to be seated before pulling off is surely the acceptable response rather than trying to get free money?
I know I sound rude but honestly I'm just being blunt as I really don't like the way people try and money grab over accidents

Vinvertebrate · 17/10/2024 18:27

The bus co might bung her a few quid to go away, but she sustained a minor injury and hasn’t suffered any financial loss for which the courts could compensate her. And lawyers (like everyone else) don’t work for free.

Parky04 · 17/10/2024 18:54

You do not need to instruct solicitors for a minor claim. You can do it yourself www.officialinjuryclaim.org.uk/

prh47bridge · 17/10/2024 19:43

WhereIsBebèsChambre · 17/10/2024 17:34

Does she not have to have a loss to get a financial claim?

No. She can claim for emotional distress as well as any compensation she is due for her injury.

CasaBianca · 17/10/2024 20:38

She was not significantly injured / no earning loss due to it so what would she claim for?
Even if they refused to drive her to the hospital (which morally would have been wrong) I’m not even sure she would be able to claim any compensation. It’s all about the damage (or absence of).

CasaBianca · 17/10/2024 20:44

prh47bridge · 17/10/2024 19:43

No. She can claim for emotional distress as well as any compensation she is due for her injury.

Show quote history

Falling down wouldn’t justify a level of emotional distress high enough to be compensated though, would it?
Being left alone in a dangerous situation for ex or being harassed, yes. But a fall caused by human error with no intention to harm, where support was offered and injuries were minor - I really don’t think there is any point trying to claim anything. Maybe an apology and a refund of the bus fare.