PLEASE HELP WITH ADVICE - taken to court

Quentin

BigTrouble wrote: »

As for the insurers, they are not appointing anyone to represent me. .....................

Why are you saying that they "should"? (didn't seem like an option for in my case unfortunately).

Do your insurers know that you injured a child in this incident?

Check your policy and see if you have cover for legal representation in any case brought against you which involves you having injured a third party - if so, ask them again why they aren't giving you this, and point out (again if necessary) a child was injured.

BigTrouble_2

Quentin wrote: »

Do your insurers know that you injured a child in this incident?

Check your policy and see if you have cover for legal representation in any case brought against you which involves you having injured a third party - if so, ask them again why they aren't giving you this, and point out (again if necessary) a child was injured.

Yes, they know.

I don't think I have cover for legal representation but I will check again.

Are they obliged to represent me if a child was injured (regardless of whether I have the legal element in my cover?)? Or do you mean that it is in their interest to do so?

BigTrouble_2

So I take it "a few cuts and bruises" does qualify as an injury then? He was taken to the hospital but was allowed to go home after being examined, the same day.

no.1swimmum

BigTrouble my heart goes out to you, I had a similar accident earlier in the year.
I work in a secondry school and had just finished, turned right out of carpark and was about 2 minutes down the road travelling at no more than 15 - 20 mph, I saw a group of 3 boys from my school on the pavement to my right ahead, all had scarves and hoodies on and they were messing around so covered my brake and drove past at about 10 - 15 mph when I heard an almighty bang and felt a bump did an emergency stop, and realised that the boy had run out across the road and literally bounced of the back door of my people carrier and I had run over his foot, his shoe was of and as a consequence had hardly any skin left on his foot. I was too shocked for words and will hear that noise for the rest of my life, I left my car where it was with hazards on cos I knew the police would be coming and I wanted them to see exact position, called 999 etc., no other witnesses and his 2 mates ran off so had to help him to path and get a blanket out of my car for him. Well to cut a long story short the policeman moved my car - cos I was shaking so much and sat me in the back of their car and took a statement whilst ambulance dealt with boy. Then his mum arrived screaming at me through the car window like a banshee, pc was really good took her to the ambulance where the boy told her and him that it was completly his fault did not see me - really a big gold people carrier ! when I got home i reported it to my car insurance. A week later got sent a more detailed statement form to fill out, His parents are trying to make a claim for injury but I am fighting it tooth and nail, I had driven past him what control did I have over the situation I could not have avoided what happened. It is dragging out so long and my insurance has just been renewed and has risen this year by £900 to £1500, but I have been assured that if found in my favour I will get a refund! won't hold my breath.

I hope it all turns out well for you and will keep an eye on this thread for updates

no.1swimmum

forgot to say that the police in this case are on my side, and it is not being taken any further by them.

kaya

you have my sympathies, the emergence of many witnesses would suggest to me that the parents are going to try it on with your insurers and get enough money in compo for a family holiday to florida, do not plead guilty if you have done nothing wrong, if you were paying attention (you must have been to have braked) , not on the phone or exceeding the speed limit then it was just an accident, i live on an estate full of little chavvies who often run into the road without looking and im amazed that a few dont get killed every year, i stopped dead to avoid a toddler who ran into the road, opened my window to suggest to the woman politely that she kept an eye on her kids only to get shouted and sworn at at the top of her voice, accidents are accidents, they are nobodies fault, but i would be checking the witness's surnames against the childs/parents facebook/bebo/myspace friends list, i know many people who have witnesses appear if they have a car accident(especially if it was there fault), its the culture we live in nowdays, can you get copies of the witness statements? if they all agree with each other but not with your version of events than its a pretty obvious scam for insurance purposes(or you are mad), if they all disagree and have differences then they are not worth the paper they are written on as they are not consistent, do you not have any witnesses? no cctv?

BigTrouble_2

no.1swimmum, so sorry to hear about your situation!

From what you have described, you are right, it is very similar. "My" boy wasn't wearing a hoodie and he wasn't seriously injured, thank God and all his prophets, but the circumstances of the collision are similar.

What was different in my case:

I moved my car from the place of the collision because it was blocking way for the traffic from the opposite direction. Was too shaken to take any photos.

The police is prosecuting. I haven't heard from the boy's family.

The police have never given me a chance to fill out a form and give detailed statement. I was breathalysed and questioned (or rather just gave my account of what happened) right after the incident. My statement was barely 10 lines long. I never recieved anything by post afterwards. In comparison - the witnesses' statements were two-page long each.

Hope you will prove your case to the boy's parents, and I am so glad for you that the police are on your side! Best of luck.

BigTrouble_2

kaya wrote: »

you have my sympathies, the emergence of many witnesses would suggest to me that the parents are going to try it on with your insurers and get enough money in compo for a family holiday to florida, do not plead guilty if you have done nothing wrong, if you were paying attention (you must have been to have braked) , not on the phone or exceeding the speed limit then it was just an accident, i live on an estate full of little chavvies who often run into the road without looking and im amazed that a few dont get killed every year, i stopped dead to avoid a toddler who ran into the road, opened my window to suggest to the woman politely that she kept an eye on her kids only to get shouted and sworn at at the top of her voice, accidents are accidents, they are nobodies fault, but i would be checking the witness's surnames against the childs/parents facebook/bebo/myspace friends list, i know many people who have witnesses appear if they have a car accident(especially if it was there fault), its the culture we live in nowdays, can you get copies of the witness statements? if they all agree with each other but not with your version of events than its a pretty obvious scam for insurance purposes(or you are mad), if they all disagree and have differences then they are not worth the paper they are written on as they are not consistent, do you not have any witnesses? no cctv?

Thank you for sharing your experience. It is very reassuring to hear.

I have the copies of the witnesses' statements. The witnesses' statements look very similar to each other and very different to mine in one major point. The boy and the witnesses say that he was running from the right. I am saying that he was running from the left. That's what I remember (and will remember this picture for the rest of my life) and that's what I told the police after the incident. I wasn't to know then what the witnesses would say so there was no point for me to make anything up.

So it came as a complete shock when I received the summons and the witnesses' statements and saw that they all say something completely opposite. I don't know why they all are saying that but I know that they must be lying - or I went mad.

It is a good idea to check the names. It is possible that some of the parents knew the boy (if he attended this school) and were happy to give a statement to support his version. All statements (except mine) were taken in 3-4 months after the incident.

BigTrouble_2

No cctv, the witnesses that were questioned by the police are not in my favour. One of them specifically called the school the next day and left her details saying that she would be willing to make a statement.

It was horrible. Nobody was looking at me, nobody was listening to what I was saying, I was treated like a criminal by everyone around. The school headteacher was kind and supportive though and I was very grateful to him.

One woman asked me "what are you doing on the road" and one of the witnesses must have overheard this and mentioned it in her statement - but as though it was ME who said these words - to the boy!

Quentin

BigTrouble wrote: »

I don't think I have cover for legal representation but I will check again.

Are they obliged to represent me if a child was injured (regardless of whether I have the legal element in my cover?)? Or do you mean that it is in their interest to do so?

No, if your policy doesn't cover legal representation then they aren't obliged to do pay for any.