"Mike" wrote in message
news:47e85003$0$635$5a6aecb4@news.aaisp.net.uk...
> 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.
Indeed, the lad is lucky not have been prosecuted for criminal damage to the
vehicle:
Booth v Crown Prosecution Service [2006] EWHC 192
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Admin/2006/192.html&query=Booth&method=boolean
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