Injury RTA, 11yr old responsible: compensation possible?

Discussion in 'UK and Europe' started by Scott Leckey, Oct 19, 2003.

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  1. Scott Leckey

    Scott Leckey Guest

    On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked a football at me.
    Note: "At me."

    As a result, I have sustained a broken right shoulderblade plus the usual bruising, road rash etc.
    Approx. £150 worth of Trek/Cinelli/Lowe Alpine clothing was also ruined.

    Damage to bike may be limited to grip tape, though I haven't had the heart to look yet...

    Kid has been reported to police & matter is well in hand re statements etc.

    I (obviously) have his name, address etc. Parents are decent, but refuse to conceded that it was
    deliberate.

    There were independent witnesses, but I was in no condition to get their details, so no help there.

    How would I stand claiming compensation for:

    a) Material damage to bike, clothes etc?

    b) Compensation for injury?

    I have a good professional association which retains an efficient law firm.

    Any web sites offering assistance?

    Sorry for "Telegram English",but typing not too convenient/comfortable...

    Scott Leckey
     
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  2. Just Zis Guy

    Just Zis Guy Guest

    Scott Leckey wrote:

    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked a football at me. Note:
    > "At me."

    IANAL (as most of us aren't) but some things occur to me:

    - even if he deliberately kicked the ball at you there is no proof he would have any idea that the
    consequences could be that serious

    - intent is immaterial as far as the damage caused is concerned: you should still be entitled to
    restitution

    - are you in the CTC? This is probably a job for their tame sharks.

    Feel free to ignore all above. Get well soon - remember on the Dark Side your shoulders carry no
    weight ;-)

    --
    Guy
    ===
    WARNING: may contain traces of irony. Contents may settle after posting.
    http://chapmancentral.demon.co.uk
     
  3. "Scott Leckey" <[email protected]> wrote in message
    news:[email protected]...
    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked
    a
    > football at me. Note: "At me."
    >
    > As a result, I have sustained a broken right shoulderblade plus the usual bruising, road rash etc.
    > Approx. £150 worth of Trek/Cinelli/Lowe Alpine clothing was also ruined.
    >
    > Damage to bike may be limited to grip tape, though I haven't had the heart to look yet...
    >
    > Kid has been reported to police & matter is well in hand re statements
    etc.
    >
    > I (obviously) have his name, address etc. Parents are decent, but refuse
    to
    > conceded that it was deliberate.
    >
    > There were independent witnesses, but I was in no condition to get their details, so no
    > help there.
    >
    > How would I stand claiming compensation for:
    >
    > a) Material damage to bike, clothes etc?
    >
    > b) Compensation for injury?
    >
    > I have a good professional association which retains an efficient law
    firm.
    >

    If you have an access to an efficient law firm ask them!

    I'm sure they'll tell you could try claiming for compensation for both, but what do you expect to
    happen if you were to win (and without witnesses you have a burden of proof that the act was
    deliberate/negligent problem) - that he's going to pay you out of his pocket money?

    Of course, you could try waiting until he gets a job to enforce judgement - you'd have six years
    from the date of judgement to attempt enforcement - eg attachment of earnings. And of course a
    letter from solicitors to the parents might, depending on their means and level of 'decency', worry
    them enough to offer some compensation without the need for court proceedings. But note parents are
    not liable for the negligence of their children, unless negligent themselves in failing to take
    reasonable care to see that the child did not cause harm to others.

    Frankly you're probably better off spending what would be the costs of court proceedings on repairs
    and replacements, if a simple letter or two doesn't work.

    Rich
     
  4. Tony Raven

    Tony Raven Guest

    Scott Leckey wrote:
    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked a football at me. Note:
    > "At me."
    >
    > As a result, I have sustained a broken right shoulderblade plus the usual bruising, road rash etc.
    > Approx. £150 worth of Trek/Cinelli/Lowe Alpine clothing was also ruined.
    >

    Ouch, sorry to hear that.

    >
    > I (obviously) have his name, address etc. Parents are decent, but refuse to conceded that it was
    > deliberate.

    It doesn't have to be deliberate for a claim under public liability in just the same way as if he
    had kicked it accidentally through the neighbours window - they should have PL insurance in their
    house insurance. PL insurance is to cover accidental injury and accidental damage to property of
    members of the public - note the word accidental and not deliberate. Their insurance company may
    refuse to cover them if it was determined to be deliberate but that is between them and their
    insurance company.

    >
    > There were independent witnesses, but I was in no condition to get their details, so no
    > help there.
    >

    Sounds like the parents accept it happened though which is all you need

    > How would I stand claiming compensation for:
    >
    > a) Material damage to bike, clothes etc?
    >
    > b) Compensation for injury?
    >
    > I have a good professional association which retains an efficient law firm.
    >

    I would have though reasonable but ask the law firm who can advise you better. Are you a member of
    the CTC because they retain specialist lawyers who would likely take something like this on for you.
    You are best using lawyers whre there is an injury compensation element to be valued. If you just
    want repairs costs etc and maybe a token for damages write them a letter making your claim and if
    they refuse you can start a small claims court action against them. You may want to suggest in
    private if you are speaking to them that they contact their insurance company with your claim

    Tony

    --
    "If you tell the truth you don't have to remember anything." Mark Twain
     
  5. Peter B

    Peter B Guest

    "Scott Leckey" <[email protected]> wrote in message
    news:[email protected]...
    >
    > I (obviously) have his name, address etc. Parents are decent, but refuse
    to
    > conceded that it was deliberate.

    If they acknowledge their offspring caused you to fall off, whether deliberately or accidentally,
    and if they're "decent" they'll do the decent thing and pay compensation. Wouldn't you?

    Pete
     
  6. Ian

    Ian Guest

    Scott Leckey must be edykated coz e writed:

    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked a football at me. Note:
    > "At me."
    >
    > As a result, I have sustained a broken right shoulderblade plus the usual bruising, road rash etc.
    > Approx. £150 worth of Trek/Cinelli/Lowe Alpine clothing was also ruined.
    >
    > Damage to bike may be limited to grip tape, though I haven't had the heart to look yet...
    >
    > Kid has been reported to police & matter is well in hand re statements etc.
    >
    > I (obviously) have his name, address etc. Parents are decent, but refuse to conceded that it was
    > deliberate.
    >
    > There were independent witnesses, but I was in no condition to get their details, so no
    > help there.
    >
    > How would I stand claiming compensation for:
    >
    > a) Material damage to bike, clothes etc?
    >
    > b) Compensation for injury?
    >
    > I have a good professional association which retains an efficient law firm.
    >
    > Any web sites offering assistance?
    >
    > Sorry for "Telegram English",but typing not too convenient/comfortable...
    >
    > Scott Leckey
    >
    >
    The families house insurance should include some sort of third party liability section if they have
    house and contents insurance of course.

    --
    Ian

    http://www.catrike.co.uk
     
  7. Frank X

    Frank X Guest

    "Scott Leckey" <[email protected]> wrote in message
    news:[email protected]...
    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked
    a
    > football at me. Note: "At me."
    >

    How do you know he deliberately kicked it at you? If you were going 20 mph that would be a pretty
    good shot?, and normally being hit by a football wouldn't knock someone off?

    Obviously I wasn't there but It all sounds a bit freakish.

    I would be surprised if you could force the boy to pay compensation and you would probably only
    expose yourself to unneccessary stress and expense trying to force the issue.

    I'd recomend you write personally to the parents detailing your expences and ask them to pay
    (politely). If they pay, they pay and you're happy, if they don't just put it down to ( bitter :eek:) )
    experience.
     
  8. Scott Leckey wrote:

    > On Monday I was knocked off my Trek at 20mph when an 11yr. old boy kicked a football at me. Note:
    > "At me."

    If it makes you feel any better I once ran an 11 yr old down on my bike (no injuries as I almost
    managed to come to a stop, and partly his fault, since he was pratting about in the road with a R/C
    car and I had no option but to hit him or the *real* car coming the other way).

    But this was about 15 years ago so I doubt it was the same one :-(
     
  9. Hello, 2 years ago my wife was deliberately pushed off her bike by two youths on their way to
    school. She suffered a fracture to her lower leg and was hospitalised for 3 months. She can still
    not walk properly. She needed an operation and the ligaments were torn from the side of her knee
    joint. Police obviously engaged in the search for the offenders who were actually snitched to
    ourselves by a scoolgirl who witnesed the occurance. RESULT! No way. The police cannot prove intent.
    The boys admotted doing it but say it was-just a joke. Outcome. My wife has not and never will ride
    a bike again. CTC of which I am a member of long standing said tough luck try contacting the lads
    family. Police refuse to give me those details as the boys are/were only 14 at the time. Good Luck,
    you are going to need it, and if you succesfully get compensation, please tell me how. Let this be a
    lesson to us all. Kindest regards, John. http://www.pbase.com/john28july
     
  10. Tony Raven

    Tony Raven Guest

    John, Pauline & Hannah. wrote:
    > RESULT! No way. The police cannot prove intent. The boys admotted doing it but say it
    > was-just a joke.
    >

    The police would only be interested in criminal acts which would need intent to be shown. That
    doesn't mean the lads are not open to a civil prosecution and liability although the police do not
    get involved in such cases. Its a pity you don't know who they are and as you say the police are not
    allowed to tell you.

    Tony

    --
    "If you tell the truth you don't have to remember anything." Mark Twain
     
  11. Dave Kahn

    Dave Kahn Guest

    "Tony Raven" <[email protected]> wrote in message
    news:<[email protected]>...

    > The police would only be interested in criminal acts which would need intent to be shown. That
    > doesn't mean the lads are not open to a civil prosecution and liability although the police do not
    > get involved in such cases. Its a pity you don't know who they are and as you say the police are
    > not allowed to tell you.

    But presumably the schoolgirl who identified them in the first place will know who they are?

    --
    Dave...
     
  12. Hello, The Schoolgirl I do not know where she lives either as at the time it was such a panic as you
    can obviously realize. Its just proof to me, that a smack in the ********** is the only answer. If I
    ever do find out! Regards, John.
     
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