Making historical claim on behalf of daughter - accident back in 2014 when she was only 4

tank666

Hi, I am aware of the 3 year rule but also aware the rule is different for children under 18. I believe the following to be correct "rather than having three years from the date of the accident in which to pursue a claim the law states that a 'child' has three years from the date of their 18th birthday, that being the age of maturity, in which to bring a claim. Their claim, therefore, must have either settled or court proceedings have been issued before the child/adult reaches their 21st birthday"

I am not sure though if this means we have to wait for her to turn 18 to make the claim or not? I tried doing an online claim but Aviva wont let me submit it as more than 7 years ago? My daughter at the time was severely traumatised and obviously couldn't face speaking to a doctor / judge as a young age. We already successfully claimed compensation for our son who was a bit older (within 3 years of the accident) so it is 100% drivers fault who admitted full liability.

Any advice appreciated thank you.

Herzlos

You may need to speak to a person at the insurance company, or even a specialist lawyer since you're trying to make a claim 9 years later.

Why didn't you claim at the same time?

tank666

as i said my daughter was only 4 and didnt want to speak to a judge or doctor about it , she would literally start crying when we raised the subject. 

Car_54

In no particular order - 
- I very much doubt whether you will get very far without a lawyer, so you might as well get one on board now.
- You say you want to claim on behalf of your daughter. As an adult she will normally have to make the claim herself.
- She didn't speak to a doctor - does that mean there no contemporaneous medical records?

tank666

hi, she is only 13 now not an adult. No medical records but her kindergarten at the time wrote a letter detailing how her behaviour was affected after the accident. We already successfully claimed for her brother for the same incident so I dont believe there would be any issue in successfuy claiming again? 

SpudGunPaul

tank666 said:

hi, she is only 13 now not an adult. No medical records but her kindergarten at the time wrote a letter detailing how her behaviour was affected after the accident. We already successfully claimed for her brother for the same incident so I dont believe there would be any issue in successfuy claiming again? 

What are you claiming for? It may hinder your claim as you have no medical evidence. 

lincroft1710

If you have no medical evidence, you may struggle to make a successful claim. A 9 year old letter from a kindergarten detailing her immediate post accident behaviour, is medically unqualified opinion. Your son's case can't be used as a precedent as the children may have suffered differently.


You really need to discuss this with a specialist accident solicitor sooner rather than later. You do not need to wait until your daughter turns 18.

Krakkkers

Claim for what though? money?, treatment? what do you want?

Ectophile

tank666 said:

hi, she is only 13 now not an adult. No medical records but her kindergarten at the time wrote a letter detailing how her behaviour was affected after the accident. We already successfully claimed for her brother for the same incident so I dont believe there would be any issue in successfuy claiming again? 

I'm not sure how that helps your argument.  At the time of the accident, your son was injured and you decided to launch a claim on his behalf.  But your daughter was never taken to see a medical professional, and you didn't launch any claim for her.

Now 7 years later, you have decided to make a claim.  It smalls fishy.

BEBELUCA2017

Car_54 said:

In no particular order - 
- I very much doubt whether you will get very far without a lawyer, so you might as well get one on board now.
- You say you want to claim on behalf of your daughter. As an adult she will normally have to make the claim herself.
- She didn't speak to a doctor - does that mean there no contemporaneous medical records?

She isn't an adult. 

BEBELUCA2017

You daughter's claim can proceed at anytime even if she is still a minor.  If under 18 the claim will normally proceed with an adult (normally a parent) acting as a litigation friend.  Medical evidence can still be obtained now but I presume the expert will only be guessing as to how long the symptoms lasted.  

Why the change of heart now regards making a claim?  Are you a bit skint?  Any damages awarded will usually be directed to be held in trust by the Court's until the child Claimant reaches the age of majority anyway.