Insurance procedure after car collision with a child.

[Aretnap]

Lost soul said:

LoonR1 said:

Lost soul said:

So the kid gets compo for its own stupidity ?

It might have the payout reduced a bit due to contributory negligence, but in the main the driver owes a duty of care to be more vigilant around situations like the OP describes. Kids do stupid things, adults know this. Adults have to moderate their behaviour to compensate for this.

Ridiculous

[Lost soul]

Aretnap said:

Lost soul said:

LoonR1 said:

Lost soul said:

So the kid gets compo for its own stupidity ?

It might have the payout reduced a bit due to contributory negligence, but in the main the driver owes a duty of care to be more vigilant around situations like the OP describes. Kids do stupid things, adults know this. Adults have to moderate their behaviour to compensate for this.

Ridiculous

Not trolling or stupid , you tell me how we got into a situation where a kid who does something stupid get to claim against someone who is just going about his business in a cautious way

[LoonR1]

Lost soul said:

Not trolling or stupid , you tell me how we got into a situation where a kid who does something stupid get to claim against someone who is just going about his business in a cautious way

We got there, because we've always been there since we started to protect children as a society. Children do daft things and adults need to moderate their behaviour to compensate.

If you see a child riding down the road on a pushbike, do you expect them to ride in a clear, straight line, or do you slow down and give them a wider berth?nif you did the former and the child swerved left, would you conspire yourself blame free?

The same applies to the OP. His insurer may not pay out the full amount due to contributory negligence from the child, but does that mean he is completely in the clear?

Do you have a kid? How would you feel if in the scenario above, the child was yours and I hit them with my car. Would you simply bk the kid and walk away?

[Devil2575]

Lost soul said:

Aretnap said:

Lost soul said:

LoonR1 said:

Lost soul said:

So the kid gets compo for its own stupidity ?

It might have the payout reduced a bit due to contributory negligence, but in the main the driver owes a duty of care to be more vigilant around situations like the OP describes. Kids do stupid things, adults know this. Adults have to moderate their behaviour to compensate for this.

Ridiculous

Not trolling or stupid , you tell me how we got into a situation where a kid who does something stupid get to claim against someone who is just going about his business in a cautious way

If I understand correctly, based on the details of the other case that was in the link, I suspect the issue might be that the driver was found to not be as cautious as they should have been.

Either way, you're arguing against the need of a child to recieve money in order to get the ongoing care they may require for the rest of their life to avoid someones insurance premium being increased for a couple of years.

[LoonR1]

Here's an example where an insurer tried to put some blame onto a child.

Let me be clear though. THIS IS NOT AN EXAMPLE REFLECTING THE OP'S CRASH. IT IS TO SHOW HOW THE PUBLIC REACT WHEN A CHILD IS INJURED AND THE INSURER FIGHTS BACK. PLEASE DON'T START HARPING ON ABOUT DIFFERENT ACCIDENT CIRCUMSTANCES.

http://www.postonline.co.uk/post/blog-post/2252135...

[TwigtheWonderkid]

Lost soul said:

Not trolling or stupid , you tell me how we got into a situation where a kid who does something stupid get to claim against someone who is just going about his business in a cautious way

The op has said, and I quote his own words:

"I'm now very apprehensive and constantly expecting someone to run out in front of me again without warning"

That's probably how we should all drive, all of the time, on any road in a town or city, with houses around. The fact that we don't means we leave ourselves open to a claim of negligence if the worst should happen.

Car drivers owe a far higher duty of car to kids than kids owe to car drivers. That's how it is and that's how it should be.

[Lost soul]

Devil2575 said:

If I understand correctly, based on the details of the other case that was in the link, I suspect the issue might be that the driver was found to not be as cautious as they should have been.

Either way, you're arguing against the need of a child to recieve money in order to get the ongoing care they may require for the rest of their life to avoid someones insurance premium being increased for a couple of years.

If he was not being cautious why is he not being nicked

And who says it will need on going care for the rest of its life

[TwigtheWonderkid]

Lost soul said:

If he was not being cautious why is he not being nicked

I'm not aware of an offence of "driving with some caution but as it transpired, not quite enough". Tell me more.

[LoonR1]

Lost soul said:

If he was not being cautious why is he not being nicked

And who says it will need on going care for the rest of its life

You're not covering yourself in glory here.

A driving offence requires you to be guilty beyond all reasonable doubt as it's technically a criminal matter. An insurance claim is a civil matter so only requires you to be negligent on the balance of probabilities. Much easier to prove.

The ongoing care relates to a case in a link not this specific thread. If you read it properly, you'd have known that.

[Wills2]

I ran out in front of a car when I was a child, bust my nose and broke a bone or two in my foot. (32 years ago)

1. The driver bked me
2. The policeman who witnessed it bked me
3. My parents bked me and wanted the drivers details so they could personally apologise for my stupidity.
4. The doctor at the hospital told me off as well.

And I bloody deserved it! It was a stupid thing to do and I knew it, seriously I do wonder what we are becoming.

[Devil2575]

Wills2 said:

I ran out in front of a car when I was a child, bust my nose and broke a bone or two in my foot. (32 years ago)

1. The driver bked me
2. The policeman who witnessed it bked me
3. My parents bked me and wanted the drivers details so they could personally apologise for my stupidity.
4. The doctor at the hospital told me off as well. I

And I bloody deserved it! It was a stupid thing to do and I knew it, seriously I do wonder what we are becoming.

So you're lying in the road with a broken nose and a broken foot and the driver bked you? Then a passing Policeman did the same?
Really? Surely looking after you and ensuring you get appropriate medical attention would be the correct course of action rather than telling you off.

[Jim1556]

Devil2575 said:

Wills2 said:

I ran out in front of a car when I was a child, bust my nose and broke a bone or two in my foot. (32 years ago)

1. The driver bked me
2. The policeman who witnessed it bked me
3. My parents bked me and wanted the drivers details so they could personally apologise for my stupidity.
4. The doctor at the hospital told me off as well. I

And I bloody deserved it! It was a stupid thing to do and I knew it, seriously I do wonder what we are becoming.

So you're lying in the road with a broken nose and a broken foot and the driver bked you? Then a passing Policeman did the same?
Really? Surely looking after you and ensuring you get appropriate medical attention would be the correct course of action rather than telling you off.

I personally would rather have a bking from anyone having survived and learned quite a valuable lesson, than left my mother childless, and an innocent(ish) driver having to live with the death of a child.

The society we live in today has gone too far to protect the idiots out there, what happened to taking responsibility for your own (and your child's) actions.

Most of us remember the 'green cross code' or 'stop, look, listen'. Some parents don't deserve to have children and don't raise them to respect right and wrong or their elders.

The future truly looks bleak in some ways!

[Wills2]

Devil2575 said:

Wills2 said:

I ran out in front of a car when I was a child, bust my nose and broke a bone or two in my foot. (32 years ago)

1. The driver bked me
2. The policeman who witnessed it bked me
3. My parents bked me and wanted the drivers details so they could personally apologise for my stupidity.
4. The doctor at the hospital told me off as well. I

And I bloody deserved it! It was a stupid thing to do and I knew it, seriously I do wonder what we are becoming.

So you're lying in the road with a broken nose and a broken foot and the driver bked you? Then a passing Policeman did the same?
Really? Surely looking after you and ensuring you get appropriate medical attention would be the correct course of action rather than telling you off.

Different times old boy.....

Who said anything about lying in the road? I got up and dusted myself down as the car had struck a glancing blow as I'd run out in front of the bus, I had a bloody nose and a very sore foot not a life threatening injury.

No one made me do the utterly stupid thing I did, I put myself and others in danger and caused distress to the driver of the car (who did nothing wrong) So why wouldn't I get told off?

Oddly enough I didn't do it again.

[Wills2]

Jim1556 said:

I personally would rather have a bking from anyone having survived and learned quite a valuable lesson, than left my mother childless, and an innocent(ish) driver having to live with the death of a child.

The society we live in today has gone too far to protect the idiots out there, what happened to taking responsibility for your own (and your child's) actions.

Most of us remember the 'green cross code' or 'stop, look, listen'. Some parents don't deserve to have children and don't raise them to respect right and wrong or their elders.

The future truly looks bleak in some ways!

Couldn't agree more.

[Devil2575]

Wills2 said:

Different times old boy.....

Who said anything about lying in the road? I got up and dusted myself down as the car had struck a glancing blow as I'd run out in front of the bus, I had a bloody nose and a very sore foot not a life threatening injury.

No one made me do the utterly stupid thing I did, I put myself and others in danger and caused distress to the driver of the car (who did nothing wrong) So why wouldn't I get told off?

Oddly enough I didn't do it again.

Do you think it was the bking or the shock and injuries that stopped you doing it again?
Why wouldn't you get told off? Because the driver was more concerned about your welfare than annoyed at you? A decent human being would be anyway. If I got hit by a car the injuries would be sufficient telling off, that's assuming it was actually my fault...

[TwigtheWonderkid]

Jim1556 said:

The society we live in today has gone too far to protect the idiots out there, what happened to taking responsibility for your own (and your child's) actions.

When I was a kid in the 60s and 70s, every September you'd go back to school and in the first assembly the headmistress would tell us which kids had died during the summer. There was always one, sometimes 2. Usually a car crash (no seatbelts), or a drowning, or electrocuted playing on the tube lines. one kid beaten to death by his dad, but we all knew that was coming because his dad would beat him up quite often. No namby pamby social workers to interfere back then.

But my kids have made it thru primary and secondary and not a single kid has died during their school days. Bloody pampered softy kids, I don't know what the world is coming to.

[Devil2575]

TwigtheWonderkid said:

When I was a kid in the 60s and 70s, every September you'd go back to school and in the first assembly the headmistress would tell us which kids had died during the summer. There was always one, sometimes 2. Usually a car crash (no seatbelts), or a drowning, or electrocuted playing on the tube lines. one kid beaten to death by his dad, but we all knew that was coming because his dad would beat him up quite often. No namby pamby social workers to interfere back then.

But my kids have made it thru primary and secondary and not a single kid has died during their school days. Bloody pampered softy kids, I don't know what the world is coming to.

Well put. People don't half post some absolute bullst.

[LoonR1]

Spot on

[daveky]

Jim1556 said:

I personally would rather have a bking from anyone having survived and learned quite a valuable lesson, than left my mother childless, and an innocent(ish) driver having to live with the death of a child.

The society we live in today has gone too far to protect the idiots out there, what happened to taking responsibility for your own (and your child's) actions.

Most of us remember the 'green cross code' or 'stop, look, listen'. Some parents don't deserve to have children and don't raise them to respect right and wrong or their elders.

The future truly looks bleak in some ways!

Absolutely that is why the roads are in such an entitled aggressive mess. The amount of benefits jockeys around these days is sickening. More than half of the population of the UK are such failures that they need benefits handouts.

[Devil2575]

daveky said:

Absolutely that is why the roads are in such an entitled aggressive mess. The amount of benefits jockeys around these days is sickening. More than half of the population of the UK are such failures that they need benefits handouts.

Are you for real?

Please tell me you're trolling and not just a fking idiot.