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Bus Injury/Distress not sure how to progress...

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  • Bus Injury/Distress not sure how to progress...

    Hi there,

    About 2 months ago my wife, toddler and baby(in pushchair) were waiting at a bus stop when the bus came and 'slightly' crashed into the bus stop. I say slightly because it was the wing mirror that hit the bus stop. The impact was severe enough to cause all the glass in the bus shelter (3 panes) to shatter and the bus wing mirror to snap off. My son (toddler) was sat on the seats in the bus shelter at the time. Apart from the shattered glass raining on him, a metal framed timetable was on the glass and this seems to have fallen on him and gashed his leg. He did run to his mum and the passengers on the bus got off and helped my partner and toddler who were in shock. The bus wing mirror landed at the foot of the pushchair! Happened to be a nurse on the bus who checked my toddler, cleaned up the wound and said he seemed ok. Wound was a little inflamed couple days later so we did visit Doctor who cleaned it up some more but said it will heal ok. Wound does seem good now but he will have a scar.

    Couple weeks later the bus company did make contact saying it was driver error and they were happy to offer any help if needed. I haven't really responded.

    We're not ambulance chasers, and in truth I may have left it at that. But 2 months on my son is still 'very weary' of buses and being on the street as a whole (moving cars etc). My wife is not as distressed now but she takes it as a near miss that both of her children could have been taken away from her. What has made me angry is the response from the bus company, never asked how wife or children were. When I phoned for info I was only dealt with by the 'insurance department', which makes me think its just really all about the money.

    Anyhow my question now is, how should I progress this further? It's the distress thats been caused, as this is something they've never even acknowledged. Also I should say the whole incident has been captured on CCTV, before and after the incident.

    Thanks in advance,
    Simon
    Last edited by Simeone; 6th August 2018, 18:16:PM.
    Tags: None

  • #2
    Hi and welcome.
    A frightening experience for your wife and children, but it is now only a matter of money.
    The bus company insurance policy will contain a clause stating that the bus company should, in the event of an incident, not say anything which could be construed as admitting liability. So the bus operators won't risk asking how your family are, or offer an apology. Daft, I know, but people do take that warning to extremes.

    You need to put in a claim for your son (not only for the pain but also the psychological damage caused),
    Possibly your wife could claim for her distress as well.

    You could do it yourself, but a letter from a solicitor will produce an offer from the insurers without any need for court.
    The insurers should pay your solicitors costs in addition to damages for son and wife

    Comment


    • #3
      Thanks for the response Des8!
      It's making more sense now. The coldness and matter of fact. My wife even spoke with the 'social media' side of the company via twitter and it was all nice and compassionate until they spoke with the insurance department, then a private message came back very blunt "the department will contact you in due course. Bye".

      When you say Solicitor, do you mean an independant (Personal Injury Specialist?) who will charge by the hour? or these 'no win no fee' companies? Is one better than the other? And yes...it is daft! A concerned phonecall, bunch of flowers and a nice toy, may have helped to soften the situation somewhat.

      Comment


      • #4
        I understand how you feel, but from the insurers point of view personal injury and liability problems are a toxic mix and by accident it has happened that liability has been admitted when there was none. Can be a costly error for insurers, hence the instruction if you are involved in eg motor accident never to say anything which might be construed as an admission of liability. So never even say "sorry"!

        This is such a clear cut case of bus driver being responsible that your local solicitor should be able to deal with it, if you don't fancy making the claim yourself. The advantage is that he will have access to the latest court awards and will know if any offer is in line with those.
        Ask him if he can deal with it and charge his costs to the third party.

        Comment


        • #5
          Good advice above . But it is a WING mirror.

          Comment


          • #6
            Thanks for the advice Des8. Going to start scouting for a good local solicitor, will update on any progress. And thanks PaulaJayne...typo corrected!

            Comment

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