richy_uk Posted August 7, 2013 Report Share Posted August 7, 2013 Any advice gratefully received ! Last December, my 12 year old son was hit by a car as he crossed a narrow public road that runs through his school's campus. He's pretty fit and sporty and rolled across the bonnet but his shoulder hit and smashed the windscreen. No bones broken thankfully, but was in some discomfort for a few weeks afterwards. He was naturally shaken up by the whole thing which took a bit of time for him to come to terms with. I'd like to think I'm a reasonable type of person and thought that would be the end of it, usual squirming from the school trying not to be seen as having anything to do with the incident although I do question he was actually within their duty of care during school hours. Anyway, school contact us soon afterwards and ask if they can release our contact details to the other party and implied they may want to make a claim. The other party was a young girl who had not long passed her test and was an ex pupil of the school. I point blank refused. This week, a letter arrives from Aviva addressed to my son asking for his insurance details so that they can pursue a claim. I called Aviva and asked them specifically how they got the contact details for a 12 year old boy. They declined to comment and asked how we would like to pay the £600 damage and excess being claimed by the other party. I told them to get their facts straight as if we are going down this road, I would claim for personal injury due to their client driving without paying attention to the road conditions. My view is that being an ex pupil, she should have known the exact spot where the incident took place as a crossing point and slowed down accordingly. Aviva agent put me on hold then came back and said they would need to investigate further, then ended the call. I'm sure most people in my position would be pretty annoyed and ultimately, given the amount being claimed, this would only ever end up in small claims court and Aviva would be seen as trying to claim £600 from a 12 year old boy in a car accident. I'm bloody minded enough at the moment to tell them to give it their best shot and we'll see them in court as I don't think we have anything to be ashamed of but Aviva and the other party will look like vultures preying on a young boy. Separating the moral part from the technically legal issue, I'm not sure which way a judge would view this but there does seem to be some common sense in the court system in recent times for incidents such as this. My son is over the incident and he knows about the letter. He's annoyed too and has no fear of fighting this. If I got a sense he was concerned, I'd probably look to negotiate, but he thinks it's wrong and wants to fight it. So what would you do in my position ? Link to comment Share on other sites More sharing options...
Mook Posted August 7, 2013 Report Share Posted August 7, 2013 I'd be fücking fuming about that. Then once I'd calmed down, I would just ignore it. Then I would pursue a personal injury claim against the person driving the car. Link to comment Share on other sites More sharing options...
stooH Posted August 7, 2013 Report Share Posted August 7, 2013 No idea about the legalities of it but assuming he didn't just run out from behind a tree straight in front of her car i'd say fight it. How would they chase the money from an uninsured 12 year old pedestrian anyway? Does it come back on you? Link to comment Share on other sites More sharing options...
Torino101 Posted August 7, 2013 Report Share Posted August 7, 2013 Staggered that the girl driving the car pursued a claim. If you have just started driving and you have knocked down a child and they've got away relatively un-scathed and aren't looking to press the matter I'd just be f**king grateful and keep quiet! Link to comment Share on other sites More sharing options...
richy_uk Posted August 7, 2013 Author Report Share Posted August 7, 2013 No idea about the legalities of it but assuming he didn't just run out from behind a tree straight in front of her car i'd say fight it. How would they chase the money from an uninsured 12 year old pedestrian anyway? Does it come back on you? I think it does come back to me and any family insurance policy that may cover him but I'm not sure if personal injury policies payout to other parties in the way they are trying to claim. Link to comment Share on other sites More sharing options...
eldavo69 Posted August 7, 2013 Report Share Posted August 7, 2013 If they ring back just tell them that you're taking out a personal injury claim and will be informing the press. Aviva will baulk at the potential Sun headline and negative publicity! Link to comment Share on other sites More sharing options...
Biscuits Posted August 7, 2013 Report Share Posted August 7, 2013 Sorry..... she knocked your son over...... and she's pursuing for damages. I bet the driver has nothing to do with it and it's the insurance company. Difficult to not get fuming about it... if Aviva call back just say your personal injury claim is with No Win No Fee | National Accident Helpline Link to comment Share on other sites More sharing options...
richy_uk Posted August 7, 2013 Author Report Share Posted August 7, 2013 Sorry..... she knocked your son over...... and she's pursuing for damages. I bet the driver has nothing to do with it and it's the insurance company.Difficult to not get fuming about it... if Aviva call back just say your personal injury claim is with No Win No Fee | National Accident Helpline Sometimes I think some weird parallel universe has taken over when stuff like this happens ! You're probably right, she's probably just claimed for the repairs from her insurance and Aviva have decided to try and recover the money from us. Link to comment Share on other sites More sharing options...
Ian_C Posted August 7, 2013 Report Share Posted August 7, 2013 Its a very difficult situation, one I have to deal with at work from time to time, its never nice. Even if the pedestrian stepped off the pavement into the path of the car, common sense prevails here as you say, and the car driver / their insurance foots the bill. Common sense says the motorist doesn't 'sue' the pedestrian regardless of who was at fault As mentioned above, probably just the insurer trying to recover costs themselves Link to comment Share on other sites More sharing options...
patently Posted August 7, 2013 Report Share Posted August 7, 2013 Sorry? The driver hit your son outside a school, and they are the one claiming? W. T. Actual. F?? Mook is right. Go for them. Link to comment Share on other sites More sharing options...
cruiser647 Posted August 7, 2013 Report Share Posted August 7, 2013 That is really wierd, and definitely backwards. Any driver would have jumped out of the car, tended to the lad to make sure all is OK, ambulance called etc etc and then made sure all was OK a few weeks down the line too. Windscreen claim? Yeah but not going after someone. That is ridiculous. Link to comment Share on other sites More sharing options...
Tipex Posted August 7, 2013 Report Share Posted August 7, 2013 Aviva. Say no more, biggest bunch of c*nts on the planet. Perhaps it might be prudent to remind them that pedestrians have right of way at all times? Link to comment Share on other sites More sharing options...
Busby Posted August 8, 2013 Report Share Posted August 8, 2013 Sorry? The driver hit your son outside a school, and they are the one claiming?W. T. Actual. F?? Mook is right. Go for them. This. Good luck with everything and glad that your son is okay now Link to comment Share on other sites More sharing options...
Calm Chris Posted August 8, 2013 Report Share Posted August 8, 2013 Your house insurance should be able to be used for any legal costs, pretty sure most cover legal fees. I would counter claim for his injuries and emotional suffering. Link to comment Share on other sites More sharing options...
Soulboy Posted August 8, 2013 Report Share Posted August 8, 2013 Firstly, where did they get your sons details. Has someone breached Data Protection? Secondly, I agree with everyone else. Get a Personal Injury claim going. Thirdly, is it on the College campus? If so, did they have correct speed limits / signs / speed humps etc? If not, what the f*ck were they doing getting involved. Lastly, I would be fuming in your position. Sometimes, its justified to get angry and go on the attack! Link to comment Share on other sites More sharing options...
richy_uk Posted August 8, 2013 Author Report Share Posted August 8, 2013 I'm actually amazed that everyone's comments echo almost exactly what I'm thinking. Thank you. I'll take a look at our house insurance cover to see what kind of legal support is on offer. The school is very old and in the middle of a city centre with close links to the cathedral. As it expanded, they bought surrounding plots of land for things like swimming pool, sports hall etc. My son was coming out the swimming pool complex with his mates and have a road to cross which is only wide enough for a single vehicle. There are signs to drivers on speed etc plus with the girl being an ex pupil, she would have crossed that road for many years and would have known it's a point where you should slow right down. I'm definitely pushing for the data protection route as I have a sneaky feeling that if Aviva have obtained the details in a manner that breaches the act, it's questionable if they can even proceed. Also if it was the school that released the details even though I wrote to them expressly forbidding them to do so, then they'll also be in deep do-do. I mean ..... a school releasing name and address of a pupil to a third party even though a specific communication was acknowledged forbidding them to do so. You couldn't imagine it ! Seriously thinking about the counter claim but not sure if I want to use one of the no win no fee sharks. Might use my regular solicitor as I'd rather talk to a human being Link to comment Share on other sites More sharing options...
eldavo69 Posted August 8, 2013 Report Share Posted August 8, 2013 I'm sure your regular solicitor would take it on and may even do so on a no win no fee basis - as they'll definitely win! Link to comment Share on other sites More sharing options...
stooH Posted August 8, 2013 Report Share Posted August 8, 2013 As we say down at Fratton Park Fúck em up! Get into them! Link to comment Share on other sites More sharing options...
NewNiceMrMe Posted August 8, 2013 Report Share Posted August 8, 2013 Make a Subject Access Request under the DPA, to Aviva, via a solicitor. They have an obligation to provide you with a copy of any data held on your son. That will, or may, reveal any source information. They will charge you £10 to release the information. Link to comment Share on other sites More sharing options...
pontyslapper Posted August 9, 2013 Report Share Posted August 9, 2013 Jesus on a bike - go for 'em big time!! You have as we say in these parts ' got the ****ers over a barrel' - somebody somewhere has cocked up big time OR maybe the lass has 'contacts' in the school or still has friends there and by a process of one chatting to another worked who your lad is and got the rest of the info from that. As a secondary school teacher I know that if a rumour starts I can pretty much have the full story with in minutes from start to finish even in my small class of 15 kids even if they weren't there - kids are quite candid and revealing without realising especially when its something they regard as 'juicy'. Link to comment Share on other sites More sharing options...
garcon magnifique Posted August 9, 2013 Report Share Posted August 9, 2013 Can only echo what has been said already. Except that I think I would have been less polite on the phone to Aviva. I'd have made sure I was talking to the most senior person available before I told the twelve fingered cúnt to stick his fúcking claim up his arse and set light to it. I'd have a chat with your local solicitor. DPA is definitely a good start point to find out how they got your son's details. He'll also advise on whether to counter sue now or wait to see what they do. I'd also say don't hold this against the girl - it's almost certainly Aviva pursuing this. Link to comment Share on other sites More sharing options...
shao_khan Posted August 9, 2013 Report Share Posted August 9, 2013 I centrainly agree with Mrme - get a request in and see what it provides. As Garcon says above - almost certainly Aviva pursuing this in a bid to recover their own costs and probably without anyone even looking at the logistics of the claim. I'd fight it andd fight for an appology and any psychological trauma caused to your son as a result of the insurers trying to drag his accident into the spot light like this, having been the victim I'm not suprised he wants to fight it. Link to comment Share on other sites More sharing options...
billy2shots Posted August 9, 2013 Report Share Posted August 9, 2013 Flame suite on but here goes. I am very sorry about what happened to the OP's son but that does not make the girl driver guilty. This happened last December so I am sure if the girl was at fault the op would have mentioned it in his opening post. All that is mentioned is the girl used to be a pupil and should have known the road layout and slowed down. I'm sorry but if she was within the speed limit by law she has no reason to slow down. No mention of her being done for speeding or driving without care and attention and the fact the insurance company are after you would suggest the accident was your sons fault. Now it may seem harsh as he had a terrible experience but look at it from the gils point of view. She has just started driving and suddenly through no fault of her own someone has caused x amount of damage to her car. It goes to the solicitors which will now bump up her already large premium. That's before we get into her shock and mental well being. I am really sorry if I am wrong but I came to that conclusion from what you have written. Link to comment Share on other sites More sharing options...
theduisbergkid Posted August 9, 2013 Report Share Posted August 9, 2013 My word, what a shocking story ! I can see that some faceless turd at Aviva is probably just trying to cover their losses but this is utterly disgusting ! Aviva should be happy that the kid their client hit isn't a 'claims direct' scumbag who could, I'm quite sure, go down the route of claiming £££££££££ for their injury ! I would also get onto the school in a flash as their behaviour is apalling too. I think I would be tempted to use one of the most aggressive, parasitical claims companies you can find and pursue the driver/Aviva. If/when they start to realise how sh*tty they've behaved then perhaps drop the claim to show you're the better person. Once this is over I would, 100%, take the story to the media too. Both Aviva and the school should be ashamed. Good luck. PS - I am sure that Aviva's Marketing guy is a TsNer, can't recall the name though, Audi driver from Norolkf way ? Link to comment Share on other sites More sharing options...
Waylander Posted August 17, 2013 Report Share Posted August 17, 2013 Just read this - views as above. Any update mate? Link to comment Share on other sites More sharing options...
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