Child hit by car compensation claim

Comms69

recci wrote: »

My 11 year old son was hit by a car yesterday. He was knocked up in the air and hit the ground hard. Luckily he was not seriously injured but suffered a minor fracture to his arm and a massive lump to his head plus lots of other scrapes and bruises. He ran out onto the road from behind a car but it was at a crossing point where the road narrows to let people cross. My child got up from this and ran into the house screaming.

The female driver phoned the police herself while i took him to A&E. There were no other witnesses as a part from him and her.

He was obviously partly to blame here but people are telling me he may still be able to claim compensation as she should have been more careful at that part of the road.

Do you think this is correct?

Should I go for one these no win no fee options?

Sounds like you should start saving to pay for any damage to the car....

happyandcontented

How times have changed. If you son admits he ran into the road without looking why would you want him compensated for that? What message does that send to him? That if you don't take responsibility you will end up with a pot of money for future use? That could lead to him taking undue risks or having no regard for his personal safety.

If he had been on a crossing or the car had come from nowhere as he was crossing the road that would be an entirely different scenario.

I would have used the opportunity to hammer home to him how silly he was and how much worse it could have been, then I would have grounded him for a week and let him think about the trauma he caused to the driver.

Just because you think you may be able to claim "compensation" doesn't mean you should.

Comms69

recci wrote: »

As I say I basically agree. However I am led to believe that as child he is considered to be a vulnerable and non responsible person and there is virtually no way she could claim anything from us.

My understanding of it is that she would not be personally liable its her motor insurance that would have to pay in any event.

When a Pedestrian Is Responsible for the Accident

A normal, cautious person would take steps to avoid hitting a pedestrian in any situation if at all possible. However, if the pedestrian acts in way that makes it impossible for someone driving in a normal, cautious manner to avoid a collision, a judge or jury will find that the pedestrian caused the accident.
For example, if a driver is going the speed limit through a commercial district and a pedestrian runs out from behind a parked car just a few feet in front of the driver’s car, the driver will not be held liable. In fact, even if the driver was going five or ten miles over the speed limit, but the pedestrian jumped out so close to the car that the driver could not have avoided the collision at any speed, the driver will likely still not be held liable (although they both might be held at fault to different degrees, see below).
If a pedestrian jumps out or behaves in some other manner that forces someone driving in a normal, cautious manner to take evasive maneuvers, the pedestrian will be held liable for any damages those maneuvers cause. For example, if a pedestrian walks along a freeway at night in dark clothing and a driver swerves into another vehicle when she sees the pedestrian at the last second, the pedestrian will probably be held liable for any injuries to the occupants of both vehicles, and for any vehicle damage resulting from the drivers' efforts to avoid hitting the pedestrian.

Keep_pedalling

i would like to say what I think about the OP, but as I don't want to get banned I will refrain from doing so.

bertiewhite

recci wrote: »

Read what i said under the eyes of the law any child is considered "vulnerable" and "non-responsible" in this kind of situation. I dont make the law.

Seems like you're quite the expert then. No need for our advice.

McKneff

Its pretty obvious how fast she was going.
If she had been going at 30 mph he would have been killed.

Be grateful that he wasnt

stator

Just be thankful your child is alive.

No, you aren't entitled to anything.

If you try to claim on her insurance, it will push the costs up for everyone. If she loses her no claims bonus it will cost her hundreds or thousands of pounds.

There is no free lunch.

societys_child

recci wrote: »

He was out playing with his pals. Read what i said under the eyes of the law any child is considered "vulnerable" and "non-responsible" in this kind of situation. I dont make the law.

Can you provide a link to this "law".

*If you're referring to the age of criminal responsibility in the UK, that age is 10 years. You say your son is 11 years old.

bertiewhite

It wasn't the same kid as in this thread, was it?

https://forums.moneysavingexpert.com/discussion/5709581

The one where everyone was telling the driver that's what insurance is for.

vacheron

happyandcontented wrote: »

How times have changed. If you son admits he ran into the road without looking why would you want him compensated for that? What message does that send to him? That if you don't take responsibility you will end up with a pot of money for future use? That could lead to him taking undue risks or having no regard for his personal safety.....

In addition to this, today's health and safety culture is generally based around other people removing the need for people to take personal responsibility for their own welfare.
Learning a sudden and physically painful lesson "the hard way" as the OP's son has is a far rarer thing today than it was even 20 years ago.

This is one of the reasons I enjoy travelling to Russia and former eastern block countries as this is not the case and potential dangers remain all around. Because of this people young and old are far more aware of their personal responsibility for their own safety.

I once heard an American mother complaining to a policeman at the Charles Bridge in Prague that there should be railings fitted to the bridge as children could fall down the 40ft into the cobbled square below. The response she received from the policeman was that "our children do not fall, your children should learn more sense". The look on her face was priceless!