Pedestrain hit by car

[Bobbins04]

Hello all,

 

I was recently hit by a car whilst pushing my toddler in a pram. I had looked to see if any cars were coming and started to cross, i was almost on the pavement when i heard a car so sped up to get on the pavement but when i looked the car just hit into us. It knocked me to the ground but flipped my son in his pushchair 15ft sideways onto the opposite road into oncoming traffic.

 

Thankfully apart from a very swollen and cut face he is fine and only stayed one night in hospital, i pulled some muscles from the pushchair being ripped away from me and some small cuts, we were very lucky!

 

The police concluded it was an accident wrong place at the wrong time and something about sun reflecting from the wet floor so driver didnt see me, he wasnt speeding.

 

I do not want to claim compensation for any injuries, we are all fine and it was an accident, we contacted the driver to let him know we were both okay as it must of been horrific for him also.

 

However we are down on a £600 pram which is smashed to bits and without a doubt saved my sons life, his new christmas clothes that were cut from him in the ambulance, as well as missed wages for myself and husband.

 

Is it wrong for me to claim these expenses from the driver? I dont want to make money from this horrible inccident but these are items we are now down on, or should i just forget and move on and accept the loss?

[2ltr16valve]

I would not say it's wrong no. That is why insurance is paid for.

Make the claim to the drivers insurers, sure you should

Be able to claim for all losses.

You say you don't want damages but would a small amount not pay for a short holiday for r&r ?

[BRIGADIER2JCS]

Personally I think the police are wrong here, sun reflecting or not this driver was not using due care and attention given the 'weather conditions' given the description of the collision the driver must have been driving too fast.

Yes make a claim and possible make a complaint to the police.

[jackieandwayne]

Listen, what about the shock and horror and near death experience you have suffered? I cannot imagine how my heart would feel if something like this happened to me, a child being thrown into traffic. And, you have suffered injuries, albeit minor.

 

As said before, this is what insurance is for, you have suffered loss, injury and shock through no fault of your own. I know it was an accident, and I am sure the driver was equally distressed - but again, this is why we have insurance.

 

So, claim for the material losses, and also for damages etc., and see what comes out of it. After a shock like this, I agree with 2ltr, have a little holiday and make sure you are all REALLY over it.

 

Good luck.

[Bobbins04]

Thankyou for your replies.

 

The police never took a statement from me, apparently there was another 3 people hit by cars at exactly the same time around the area (not sure what this had to do with my incident?) they also had a witness, the lady who thankfully picked my little boy out of the road as he was the other side to where i was. Apparently she was completely neutral and confirmed he wasn't speeding.

 

In fairness to the driver its a horrible downhill road with a bend at the top and admittedly i couldn't see all the to the top. There is no special (eg traffic lights) crossing area but where i crossed would be the natural crossing area (if that makes sense? Where the curb drops and leads straight onto the path forward. And he should of seen me in plenty of time to be able to stop, he never beeped, swerved or braked. He also needed to stop at that point to be able to turn left or right. So im confused as to why he never saw us.

 

Admittedly the shock has been horrendous, i thought my little boy was dead and i cant seem to shake that, i have nightmares, cant sleep, eat and im too scared to go out.

 

To be honest i want it all over and done with and not sure i can cope with any long insurance claims that keep bringing the incident up. Im also not sure if i cope if insurers said i was to blame

[2ltr16valve]

Hi.

 

I think you need to take a family break. To try to get past this.

 

Make the claim. It's straight forward and really should not be lengthy.

 

The decision is ultimately yours and I know culture in General is seen as a claims society but for what you have been through you deserve the payout. You have been through trauma. Your child has. You have suffered financial loss as has your partner. As well as losing an expensive buggy.

 

Summing up just the above you really deserve some restitution

[i hate bailiffs]

 

Admittedly the shock has been horrendous, i thought my little boy was dead and i cant seem to shake that, i have nightmares, cant sleep, eat and im too scared to go out.

 

Please make time to see your GP

they will be able to help you with how you are feeling

[Bobbins04]

I have seen my GP they were very supportive and said at the moment i need to work through it to be able to get over it.

[caro]

I think you should claim for your losses but suspect that claiming due to trauma etc may complicate the issue. The insurance company may want medical tests etc.

 

Have you got free legal advice on house insurance or maybe Union membership or car insurance? If not see if you can get a free half hour with a local solicitor.

[Bobbins04]

I would be happy to claim back just losses, i wasnt sure if i could do that with the police not taking any further action and classing it as an accident. I was also worried incase the driver blamed me and tried to claim from me.

 

Dealing with solicitors or no win no fee just doesn't seem worth all the added stress to be honest.

[Desperate Daniella]

Hi bobbins04,

 

You are a very nice girl to say that it was an accident and not want compensation.

 

BUT the driver should have slowed right down if he couldn't see.

 

Of course you must claim. Has the driver given you details of his insurance company?

 

Try that first.

 

If they reject your claim you should get in touch with one of the big Personal Injury Lawyers - a reputable company, and not one of these quick settlement "Have you had an accident which isn't your fault'?" merchants.

 

I just can't imagine what you went through. Thank God you and your baby are okay.

 

I know you don't want "to make money" but you really should claim for your losses.

 

DD

[Desperate Daniella]

A lot of no win, no fee solicitors are very nice. That is why you have to find a reputable one.

 

Your claim is for a very small amount if you decide you don't want to claim for your injuries and only want reimbursement of your losses. Any insurance company should jump at the chance if that is all you are asking for.

[Bobbins04]

The police passed on his insurance details, to make matters worse he lives on our street, however we have never seen him before.

[Desperate Daniella]

When you contacted the driver to say you were okay, did he respond?

 

I have to say I am astonished by the police response. I was completely blinded by sun while driving last year when leaving the M25 at Reigate. I couldn't see a thing so I slowed right down. If the driver in this case couldn't see he should have slowed down too. Did the police send out a team to check his skidmarks, or didn't he even brake at all?

[Consumer dude]

You may say it was an accident, but you are entitled to claim. It wasn't your fault..

[Bobbins04]

There was no skidmarks, the policeman said that concluded he wasnt speeding. The driver never braked and hit with enough force to push my son across the road sideways, both of the back wheels of the push chair were completely snapped off and the strong frame dented. I believe the driver was distracted but thats just my opinion.

 

I have had no contact with him, i cant and dont want to see him. My husband has spoke to him, he seemed fine said he was glad we were ok, my hubby also offered to take my son round to show he was ok and said they would need to discuss things as we had lost an expensive pushchair. This hasnt happened yet so not sure how it will go

[Desperate Daniella]

If he didn't brake and hit you because he said he couldn't see because of the reflection from the road he was driving too fast for the conditions. The police should have investigated this further and you may wish to take that up with them.

 

Bearing in mind you don't really want to be involved in a long drawn-out process, which I completely understand, your husband needs to contact him as soon as possible and tell him what your losses are. If you would be happy for just reimbursement of your losses he can then either pay them directly, or you can contact his insurance company.

 

Are you absolutely sure you and your son won't suffer any on-going health issues from this accident in the future? If there is any doubt whatsoever you must see a solicitor.

[Consumer dude]

You were very lucky..

[Desperate Daniella]

Sorry, just accidentally deleted my post.

 

He might not have been speeding but if he couldn't see due to the reflection on the road he was driving too fast for the conditions. I would think that is careless driving. You may wish to take this up with the police.

 

If you are certain you just want to be reimbursed for your losses your husband should contact the driver as soon as possible and tell him what they are - cost of pushchair, clothes, etc. He can then pay you directly or you can go through his insurance company.

 

I understand you don't want to be involved in a long drawn out process, but you are at the very least entitled to be reimbursed for your losses.

 

Are you sure there will be no on-going health issues for your or your son as a result of this accident? If there is any doubt whatsoever you must see a solicitor.

[Desperate Daniella]

Also, the woman who said he "wasn't speeding" is not qualified to say that. She is not any sort of expert and is not qualified to give that opinion. How many of us can accurately say what speed a vehicle was travelling at?

[Bobbins04]

My son (apart from looking like hes been hit by a car!! ) is back to his lovely funny usual self, he doesnt remember what happened he just says he doesnt like nee nars ( ambulances) any more, because he can remember them strapping him down and to him that was more traumatic. Im in no doubt that he will be fine.

 

I will be fine, its still early days but i have a fantastic supportive husband.

 

They have arranged a meeting this weekend, to discuss our losses. If hes happy to pay or happy to go through his insurence then im happy for it to be over and done with and to try and move on. I was just concerned if he said it was my fault and refused to pay or worse tried to claim of us.

[Desperate Daniella]

I'm glad your son is recovering well. Hopefully he'll forget in time because he is so young.

 

Don't forget to add any losses if you/your husband had to take time off work.

 

He hit you. He was in the big metal thing and not being careful enough.

 

It wasn't your fault.

 

If he refuses to pay then you must go through his insurers. You are giving him the choice.

 

You are so lucky, and I know you appreciate that.

 

DD

[Bobbins04]

I really am lucky, someone must of been watching over us that day.

 

Thankyou for all your kind words and help.

[Desperate Daniella]

You are being so generous towards the driver.

 

I think someone was watching over you. I also think the driver has been incredibly lucky, and I hope he appreciates that.

 

Please let us know what happens at the meeting.

 

Big hug, brave mummy

 

DDxx

[Desperate Daniella]

You are being so generous towards the driver.

 

I do believe someone was watching over you. I think the driver was incredibly lucky too in that he didn't cause more damage to you and your son.

 

Please let us know how the meeting goes.

 

Big hug, brave mummy

 

DDxx