What to expect? Accident with a possible injury.

Banana chips

Hello there.
Two weeks ago I had an incident (on the estate I live in) where a child run out (on his scooter) in front of my car as was about to pass him. The child was 3-5 yo. I hit the scooter which in turn hit the child. Run out, picked him up, brought him to his house (while screaming like a horse). Mother refused my offer to call the ambulance or bringing them to the hospital (while being nice), saying that she wants to wait for his dad...
Next day dad came over saying that the xray at the doctor's wasn't able to show either the leg was broken or not as it's too swallen (which I think is not true). Said he can't afford paying for the treatments (neither can I). Said he was going to take a picture of my insurance, which he did.
On the day of the accident went to the garda, told the whole thing , but they weren't able to file it as I had no names and they weren't called when it all happened. Called my insurance put in a notification of the accident.
BTW, there was no witnesses as I was looking for somebody to show me where the child lived. I, literally, was shouting "Helllloooo". (worst day of my life)
Two weeks later Gardaí comes up looking for me (when I was at work), husband tells him that we already spoke to one of the lads at the station. The same guard rang next day asking for the name of his colleague we were talking to on the day of the accident, which we told him (it was three days ago).
Now, what is worrying me is what should I be expecting. I think he will try to go to court with it, can he? Will my insurance deal with it or will I have to? How long can it take to get any notification? Should I start looking for a solicitor?
Sorry for a super long post, but I just don't know what to expect...
Thanks in advance

TimeToShine

Not really relevant but hitting a child with my car is one of my biggest fears. I actually slow to a crawl around them because you just know little Timmy is going to turn into a prince the second you make contact.

I wish you well and hope it goes ok.

Banana chips

TimeToShine wrote: »

Not really relevant but hitting a child with my car is one of my biggest fears. I actually slow to a crawl around them because you just know little Timmy is going to turn into a prince the second you make contact.

I wish you well and hope it goes ok.

Thank you! I am the same. I am usually very carefull. Wish I had a quicker reaction. Had to go to work after the accident, was so worried that I got sick (literally).

3DataModem

Banana chips wrote: »

Hello there.
Two weeks ago I had an incident (on the estate I live in) where a child run out (on his scooter) in front of my car as was about to pass him. The child was 3-5 yo. I hit the scooter which in turn hit the child. Run out, picked him up, brought him to his house (while screaming like a horse). Mother refused my offer to call the ambulance or bringing them to the hospital (while being nice), saying that she wants to wait for his dad...
Next day dad came over saying that the xray at the doctor's wasn't able to show either the leg was broken or not as it's too swallen (which I think is not true). Said he can't afford paying for the treatments (neither can I). Said he was going to take a picture of my insurance, which he did.
On the day of the accident went to the garda, told the whole thing , but they weren't able to file it as I had no names and they weren't called when it all happened. Called my insurance put in a notification of the accident.
BTW, there was no witnesses as I was looking for somebody to show me where the child lived. I, literally, was shouting "Helllloooo". (worst day of my life)
Two weeks later Gardaí comes up looking for me (when I was at work), husband tells him that we already spoke to one of the lads at the station. The same guard rang next day asking for the name of his colleague we were talking to on the day of the accident, which we told him (it was three days ago).
Now, what is worrying me is what should I be expecting. I think he will try to go to court with it, can he? Will my insurance deal with it or will I have to? How long can it take to get any notification? Should I start looking for a solicitor?
Sorry for a super long post, but I just don't know what to expect...
Thanks in advance

Give as much detail as you can to your insurance fompany, and just let them deal with it. That's what they are there for.

Banana chips

3DataModem wrote: »

Give as much detail as you can to your insurance fompany, and just let them deal with it. That's what they are there for.

Thank you for a reply. Do I basically give my insurance company all the details(which I already did) and that's all I have to do? I've never had an accident before, so not sure what to do in the situation like this. Will I be called somewhere afterwards or will the insurance company will be dealing with everything all together?

goz83

Insurance company will deal with it all. Sorry to read about that. At least it wasn't worse. Kind of a disgrace for a 3-5 year to be left out on the street playing unsupervised. 20 years ago it was ok, but even in estates, its just too dangerous with all the cars parked on the road, blocking the view.

Meauldsegosha

Banana chips wrote: »

Next day dad came over saying that the xray at the doctor's wasn't able to show either the leg was broken or not as it's too swallen (which I think is not true).

This can happen. I had a temporary cast on my leg for a week as the initial xray was inconclusive as my ankle was too swollen.

Graces7

Banana chips wrote: »

Hello there.
Two weeks ago I had an incident (on the estate I live in) where a child run out (on his scooter) in front of my car as was about to pass him. The child was 3-5 yo. I hit the scooter which in turn hit the child. Run out, picked him up, brought him to his house (while screaming like a horse). Mother refused my offer to call the ambulance or bringing them to the hospital (while being nice), saying that she wants to wait for his dad...
Next day dad came over saying that the xray at the doctor's wasn't able to show either the leg was broken or not as it's too swallen (which I think is not true). Said he can't afford paying for the treatments (neither can I). Said he was going to take a picture of my insurance, which he did.
On the day of the accident went to the garda, told the whole thing , but they weren't able to file it as I had no names and they weren't called when it all happened. Called my insurance put in a notification of the accident.
BTW, there was no witnesses as I was looking for somebody to show me where the child lived. I, literally, was shouting "Helllloooo". (worst day of my life)
Two weeks later Gardaí comes up looking for me (when I was at work), husband tells him that we already spoke to one of the lads at the station. The same guard rang next day asking for the name of his colleague we were talking to on the day of the accident, which we told him (it was three days ago).
Now, what is worrying me is what should I be expecting. I think he will try to go to court with it, can he? Will my insurance deal with it or will I have to? How long can it take to get any notification? Should I start looking for a solicitor?
Sorry for a super long post, but I just don't know what to expect...
Thanks in advance

why did they wait to get treatment for the child? made things worse

Santa Cruz

You are liable and a case will be taken against you by the parents. Liability cannot be attached to a child of tender years. Inform your insurance company of the details and let them take it from there

coylemj

OP, you went to the Gardai to report it and you've informed your insurance company so you've done as much as you can be expected to do for the moment. If the Gardai come looking for you to make a statement I would politely decline to do so, tell them you've spoken to your solicitor and were advised not to make a statement. With you declining to make a statement and a child of that age as the only witness, there is no way they can prosecute you for dangerous or careless driving.

The fact that the Gardai came looking for you says that the father reported the accident to them but what he said about not being able to do an x-ray because of swelling is rubbish, an x-ray in this case is to detect broken bones and swelling doesn't affect the accuracy of an x-ray on an arm or leg. I can't see that they have much opportunity for a big claim so it might be the case that you just pay them to go away rather than have your no claims bonus hit. Don't hand over any money unless you get a letter from your solicitor for him to sign stating that the money is accepted in full and final settlement of the claim, otherwise they'll keep coming back for more money to pay imaginary medical bills.

Santa Cruz

coylemj wrote: »

OP, you went to the Gardai to report it and you've informed your insurance company so you've done as much as you can be expected to do for the moment. If the Gardai come looking for you to make a statement I would politely decline to do so, tell them you've spoken to your solicitor and were advised not to make a statement. With you declining to make a statement and a child of that age as the only witness, there is no way they can prosecute you for dangerous or careless driving.

The fact that the Gardai came looking for you says that the father reported the accident to them but what he said about not being able to do an x-ray because of swelling is rubbish, an x-ray in this case is to detect broken bones and swelling doesn't affect the accuracy of an x-ray on an arm or leg. I can't see that they have much opportunity for a big claim so it might be the case that you just pay them to go away rather than have your no claims bonus hit. Don't hand over any money unless you get a letter from your solicitor for him to sign stating that the money is accepted in full and final settlement of the claim, otherwise they'll keep coming back for more money to pay imaginary medical bills.

I would not agree with this "paying off" The parents will obtain a complete medical report on injuries received, treatment required and any long term effects. They are not going to settle for a few doctors bills being paid. Let the insurance company sort it out

Truman Burbank

Santa Cruz wrote: »

You are liable and a case will be taken against you by the parents. Liability cannot be attached to a child of tender years. Inform your insurance company of the details and let them take it from there

Hi there, can you kindly clarify as, out of interest, am wondering if you mean a driver is liable because the child in young - surely it is the carer's responsibility to ensure a safe environment for the child, not the driver's?
What if a child comes flying out from behind a car?? And perhaps because, in this case, the OP seems to have seen the child as they were about to pass them (1st line), and stated that they are normally very careful and wish they had had a quicker reaction, so could it be questioned that they could have anticipated this occurrence? Regardless, if any of that latter question applies, how can the driver be liable with no witness?

OP - the advice above was correct (I think) in that you don't have to give a statement to the police, I was asked twice and advised not too (don't know why). They never asked again. I had an incident in which kids came bombing round the corner on bikes, on the wrong side of the road. I was about 30 feet up, now stationary, but the lead rider couldn't stop and smashed into me; catapulted and luckily came down on the wing mirror. Injured, no helmet. Police took no photos of scene. Car damaged, insurance advised not to seek compensation from teen's family for this.

BenRowe

Truman Burbank wrote: »

Hi there, can you kindly clarify as, out of interest, am wondering if you mean a driver is liable because the child in young - surely it is the carer's responsibility to ensure a safe environment for the child, not the driver's?
What if a child comes flying out from behind a car?? And perhaps because, in this case, the OP seems to have seen the child as they were about to pass them (1st line), and stated that they are normally very careful and wish they had had a quicker reaction, so could it be questioned that they could have anticipated this occurrence? Regardless, if any of that latter question applies, how can the driver be liable with no witness?

OP - the advice above was correct (I think) in that you don't have to give a statement to the police, I was asked twice and advised not too (don't know why). They never asked again. I had an incident in which kids came bombing round the corner on bikes, on the wrong side of the road. I was about 30 feet up, now stationary, but the lead rider couldn't stop and smashed into me; catapulted and luckily came down on the wing mirror. Injured, no helmet. Police took no photos of scene. Car damaged, insurance advised not to seek compensation from teen's family for this.

why not?

professore

BenRowe wrote: »

why not?

I'd imagine the teen's parents would sue and get a lot more than the cost of repairing a mirror.

BenRowe

professore wrote: »

I'd imagine the teen's parents would sue and get a lot more than the cost of repairing a mirror.

how could they if the teen was in the wrong?

Truman Burbank

professore wrote: »

I'd imagine the teen's parents would sue and get a lot more than the cost of repairing a mirror.

The implication was, yes, to leave well enough alone despite father accepting responsibility and circumstances clear. The more interesting fact about this accident was panicked passers-by, coming out of the woodwork, and attempting to move the injured victim to the path - who was 'safe' on a residential road with no possibility of other traffic - and succeeding (power in numbers) of putting a pillow under the victim's head and throwing a big duvet on top of them, and then tucking it in under their back and legs

Not having much luck with wing mirrors lately - another taken off by a drunken city-center cyclist at 5am, and yet another by parked driver not looking before flinging opening their car door exactly as this car was passing.

BenRowe

Truman Burbank wrote: »

The implication was, yes, to leave well enough alone despite father accepting responsibility and circumstances clear. The more interesting fact about this accident was panicked passers-by, coming out of the woodwork, and attempting to move the injured victim to the path - who was 'safe' on a residential road with no possibility of other traffic - and succeeding (power in numbers) of putting a pillow under the victim's head and throwing a big duvet on top of them, and then tucking it in under their back and legs

Not having much luck with wing mirrors lately - another taken off by a drunken city-center cyclist at 5am, and yet another by parked driver not looking before flinging opening their car door exactly as this car was passing.

i still do not see how you could be wrong. you were stopped he crashed into you?

Truman Burbank

BenRowe wrote: »

how could they if the teen was in the wrong?

Agree. Police barely asked what happened, was obvious. Separately, called father from scene and let him hear his teen's voice so he'd know he was 'ok' before transport to hospital. Didn't give any circumstances re what had happened per se (just that teen had a fall from bike) and father launched into an expletive-laden "I bet he was ***** flyin around on that ****** bike and ****** crashed into you. The little ******". Nice.

Truman Burbank

BenRowe wrote: »

i still do not see how you could be wrong. you were stopped he crashed into you?

Absolutely correct. Had just reversed out of driveway, with 4 passengers, and driven 20 feet when saw the gang of them flying around the corner (a race) and about to come up the road on the wrong side (i.e. completely cut the corner). Impossible to do anything but stop and wait for the impact. Perhaps foolishly followed the insurance's advice and covered the cost ourselves.

Yawns

Talk about off topic.

OP you've done what you can do. You've contacted the guards and notified your insurance company. It's done now and can't be changed. Most likely the will claim off your insurance if they can't cover the bills and even if you could afford it, you'd probably be better in the long run to let this go through insurance as it won't stop at one or two x-rays. It sucks but it's the way it is.

If you're unsure as to why the guards are looking for you again, then you could always speak to a solicitor. They'd be the best people to talk to if you are concerned the guards are looking to try and find out about dangerous driving etc. I doubt it's that tho. Most likely, the parents contacted the guards and rather than speaking with a colleague, they just tried to establish contact with you themselves.

Must be some shock for you and it's one of my worst fears as well. Best of luck with it.

Truman Burbank

Yawns wrote: »

Talk about off topic.

Must be some shock for you and it's one of my worst fears as well. Best of luck with it.

Point taken!

Agree.

Maphisto

Hi Banana - sympathise with your plight.

One thing I would do, if you haven't already, is draw a fairly accurate sketch of the scene just to argue your own points from also if you can do it without meeting the famiily some photos of the road might come in useful.

I say the above because back in the year Oh Dot I had a head on collision because one little prick on a motorbike jumped the lights. However any witnesses had long since gone on their way. It then came down to 50/50. He could even say I jumped the lights. How I beat this in the end was by producing accurate drawings, photographs and sitting in the middle of a junction timing the lights. Its a pain in the ass but it might just save you the case. Better still get your husband to do it

I hope it turns out OK for you.

BenRowe

Yawns wrote: »

Talk about off topic.

OP you've done what you can do. You've contacted the guards and notified your insurance company. It's done now and can't be changed. Most likely the will claim off your insurance if they can't cover the bills and even if you could afford it, you'd probably be better in the long run to let this go through insurance as it won't stop at one or two x-rays. It sucks but it's the way it is.

If you're unsure as to why the guards are looking for you again, then you could always speak to a solicitor. They'd be the best people to talk to if you are concerned the guards are looking to try and find out about dangerous driving etc. I doubt it's that tho. Most likely, the parents contacted the guards and rather than speaking with a colleague, they just tried to establish contact with you themselves.

Must be some shock for you and it's one of my worst fears as well. Best of luck with it.

oops sorry!

Banana chips

Thank you everyone for the advices !! I will try to keep you all updated !!