Hit by car .

[Kirstytoo]

This only happened just over a week ago so I have not made any decisions yet but had a couple of questions someone may be able to help me with.
I was crossing a staggered puffin crossing . The green man was on and the traffic had stopped so I started to cross. Before I reached the central area a car came through the crossing and hit me . I believe it came out a side street on the other side of the road and turned through the red light .
I was thrown by the car and was lucky not to suffer ‘ serious ‘ injury. Although in addition to multiple bruises and swellings I had agonising back pain. Now settling to really painful back pain . Can’t go out .
walking with stick . .
I was taken to hospital by ambulance had x rays and spent 2 nights in hospital.
I am unsure if I should make a claim on the drivers insurance.
1 - I have a pre- existing back problem
2 - I am retired
3 - when I gave my statement to the police officer all his sympathies seemed to be with the driver. Saying yes she went through the red light and admitted she didn’t see you but it’s a difficult junction and she is really sorry. He said they weren’t going to give her any points on her license because of this and that my injuries are not serious. In his opinion I will be absolutely fine in a couple of weeks!
Whist I hope this to be true I was diagnosed with muscle, ligament and tendon damage to my back abdomen and pelvis. So probably will take a good bit longer.
I have applied for nhs physio therapy but there is a very limited service with long waits so will probably pay privately to give myself the best chance of recovering.
My question is do you think her insurance company would pay out any damages to pay for physio therapy in these circumstances.
I also have some damaged clothing from the incident.
Thank you

[des8]

Hi and welcome

Yes, you should make a claim.
At this stage write (first class with free certificate of postage from post office) to the driver.
Refer to the incident and tell her you hold her liable for your injuries and your losses.
At this stage don't put a value on them, but say you will quantify them later.
Tell her she should refer your letter to her insurers.

You make the claim against her, and she claims against her insurers who should deal with the incident from then on.

Your losses will include replacement of your clothing, all travelling costs, all medical costs and compensation for pain and suffering.
Depending on the insurer's reaction and your own feelings you might want to instruct solicitors to act on your behalf (do you have legal expenses insurance with your household cover?)

[Kirstytoo]

Thank you . I will check my household insurance.
I do not have any details of the driver or her insurance.
The police officer said he would email me but has not of yet .
Foolishly I can’t remember his name. He didn’t give me anything in writing.
mostly keen to tell me she is a nice woman but did say I have a right to her insurance details.
Maybe I should call 101 if I don’t hear from him soon.
Thank you .

[des8]

Get in touch with police immediately, and complain about lack of contact!

Didn't happen to be a nice "young" woman???

[Kirstytoo]

Thank you Des8 .
I unfortunately don’t have legal cover on my house insurance.
An expensive oversight!
Also don’t have any packaged bank accounts.
So that leaves me with no win no fee.
I visited a local solicitor today who says they would only take on the case if worth more than a thousand pounds , to make their ‘cut ‘ worthwhile.
For this threshold without a fracture I would need to have considerable soft tissue damage after 3 months. With considerable pain and disability.
So I am just going to have to suck it up .
Not be bitter that the driver gets £95 course and my expenses are already almost that plus the pain and having come out today really scared of the traffic.
Thank you anyway and others take note. Check your home insurance!

[des8]

There is no need to give up at this stage.
As suggested earlier write that letter to the driver.
I would anticipate the insurers coming back to you to discover what injuries & losses you have incurred.
Your receipted losses should be met without question, and they will probably make an offer for your injuries.
It will then be for you to accept or try and negotiate a higher figure.
No need for a solicitor or even court (altho' that always remains an option for you)

[victorross]

It's very sad to see you bearing injuries due to the accident. The driver is liable to pay you the compensations you deserve. You definitely have a claim and should consult to a personal injury solicitor. Most of the lawyers are more than happy to give you free and no-obligation advice. Only a solicitor can assist you in the best way.