Child hit by car compensation claim

recci

No nothing to do with that thread.

Just to put things straight I don't stand to gain a penny from this. The boy lives with his mother and it would be her that is claiming.

I did not come here to start a moral debate about the rights and wrongs. It was simply to establish in the eyes of the law where he stood.

I don't like the compensation culture anymore than anybody else and have been stung in the past myself when a car with three idiots reversed into me and made up lies then claimed my insurance for all sort. I now use dash cam for that reason.

But i accept that it is a dog eat dog world out there and it is only going to get worse.

So Ill accept the consensus is that he is entitled to sweet FA and I will advise his mother to do what she said all along and give one of these no win no fee mobs a call and see what they say.

The rest is up to her......

Comms69

recci wrote: »

No nothing to do with that thread.

Just to put things straight I don't stand to gain a penny from this. The boy lives with his mother and it would be her that is claiming.

I did not come here to start a moral debate about the rights and wrongs. It was simply to establish in the eyes of the law where he stood. - I think that's been quite clearly answered.

I don't like the compensation culture anymore than anybody else and have been stung in the past myself when a car with three idiots reversed into me and made up lies then claimed my insurance for all sort. I now use dash cam for that reason.

But i accept that it is a dog eat dog world out there and it is only going to get worse.

So Ill accept the consensus is that he is entitled to sweet FA and I will advise his mother to do what she said all along and give one of these no win no fee mobs a call and see what they say.

The rest is up to her......

Like I said, get saving. You owe the woman some repair costs no doubt.

ThePants999

recci wrote: »

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.

I'd have hit him too, were I behind the wheel, so help me become a better driver: what should she have done here? If you're saying he's "partly" to blame, then you're clearly implying that so is she, i.e. there's something she should have done differently. Are you saying that whenever driving at a point in the road where a pedestrian might possibly cross, one should be driving at such a speed as to be able to stop in time for a pedestrian who suddenly appears from behind an object with no notice? I.e. about 5mph?

lewishardwick

I for one would question your parenting skills. At that age I was well aware of 'stop look and listen', walked to school myself for many years, can only recall one near miss. Which my parents told me off for.

Seems everyone is looking for a way to milk 'compensation' for a complete non-incident.

sheramber

Have the police charged her with driving without due care and attention or dangerous driving.

If not, there is your answer.

My BIL was killed hen he was it by car after stepping out into the road. Because he was colour blind and it was dull, wet day and a grey car he did not see the car until it was too late. He ducked back but the car driver had taken evasive action by swerving the same way.

My sister never once considered compensation and expressed great sympathy for the car driver.

bertiewhite

Bring back the Tufty Club and the Green Cross Code Man

antrobus

bertiewhite wrote: »

Bring back the Tufty Club and the Green Cross Code Man

I was a member of the Tufty Club.:)

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.

What are you on about?

Your son is 11. That's over the age of criminal responsibility.

The good news is that England and Wales (at least) , parents or carers are not normally held liable for the damage that their children cause. Unless of course they are themselves negligent. As in failing to oversee a "vulnerable" and "non-responsible" child.

The bad news is that your 11 year old son can be held responsible for the accident. Does he have any assets that make him worth suing? Running out onto the road from behind a car is clearly an act of negiligence.

In practical terms, if you make a claim against the driver, they will refer it to their insurance company. If the driver has made a claim on the policy as a result of the collision, their response might be to ask for details of your partner's building and contents insurance policy so they can stump up the cost.

https://www.inbrief.co.uk/child-law/child-accidents-compensation-liability/

David_Aston

Perhaps forty years ago, as I drove along Braemor Road in Calne, a 7or 8 year old lad appeared from between the parked cars and I hit him. I round round the front, scooped him into my arms, and then, being as indecisive as I still am, would likely have run round in circles if "Mom" hadn't appeared from an adjacent doorway.
We met just inside her gate, and I handed him over. She popped him onto his feet, smacked his leg, and proceeded to give him a dressing down. I can't recall if she and I exchanged a further word before I continued my journey.
I suppose I should be safe from a compo claim by now.

seashore22

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?

Was this an actual crossing? From your description it sounds like a traffic calming measure and it's not designed to allow people to cross. It's to slow traffic down. Of course it's ok to cross there, but it has to be treated like any other part of the road and used with caution.

This happened yesterday and one of your first thoughts is how much compensation you are due? Be thankful that he wasn't more seriously injured and work on ways to make him more road aware.

Amst

I hope you sue someone, lose the case (or withdraw) and have to pay for your costs and therefore end up on Can't Pay We'll Take it Away!

That would be a sufficient lesson for you!