nobby wrote:
> a couple who are friends of ours had their 11 year old son knocked down the
> other week, he is ok and was in hospital 2 days and they claim he has a
> broken pelvis, walks ok unaided after 10 days or so. Now the wife works
> typing reports for personal injury claims and has started a claim against
> the driver. The police haven't charged the driver as every thing was in
> order and he claims he was doing 25mph in a 30 and the lad stepped out
> without looking, there are no witnesses. They reckon they are in for a
> substantial payout, my thoughts are they could finish up with the bill for
> the damaged car. Surely a personal injury claim wouldn't be successful in
> these circumstances
>
*They* are unlikely to get anything, nor are *they* likely to be
responsible for the damage. Theit son, however, could be held
responsible, or be awarded compensation (against them if your first
sentence is taken literally) depend on where the fault lies. He would
have to prove (on balance of probability) that the driver was negligent
and that he suffered loss or damage (including pain & suffering) as a
result of that negligence. If he can walk unaided after ten days and
there are no long term effects, any compensation he might win will be
quite low. Medical reports will be needed to show the level of damage.
--
Mike |