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Accident injury claim

danib Avatar
5y, 5m agoPosted 5 years, 5 months ago
Hi All, need abit of advice:
i was recently involved in a bad car accident. we were all 4 friends unfotunately 1 person passed away and i was seriously injured had an op done on my neck (neck bone fracture) and was in hospital for 10days.
unfotunately the week before the acc i had quit my job and was planning to take a small holiday.
anyway i am improving nw and wnt to claim injury compensation however will this effect my friend who was the driver cause i really dont want him to be in any trouble?
Any can anyone recommend a good company to go through ders soo many out there but cannot make a decision. im based in leicester
thanks

it was quite late in the evening at 11:45pm we were cming bck from birmingham to leicester so there was no ada car invloved and he says he just lost control and hit the barrier. surprisingly i cannt remmeber anythg as i also got hit on my head.
danib Avatar
5y, 5m agoPosted 5 years, 5 months ago
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#1
Was it your friend's fault?
banned#2
Hi mate sorry to hear about your accident and sorry to hear about your friend who passed away.

You can either make a claim against the driver of the vehicle you were in or the driver of the third party vehicle IF they were at fault. There would be no issue if your friend was at fault as your solicitors would go after the insurers.

Usually as you would be classed as an "innocent passenger" the insurers would admit liability and deal with your claim with no issues.
#3
dxx
Was it your friend's fault?
hi well it was quite late in the evening at 11:45pm we were cming bck from birmingham to leicester so there was no ada car invloved and he says he just lost control and hit the barrier. surprisingly i cannt remmeber anythg as i also got hit on my head.
#4
You could try Sherringtons they represented me when I was knocked off my motorbike and suffered several severe injuries. They are local to myself in Bolton so it was convenient, but they do deal with national claims. It may be better to find a local solicitor, I personally prefer face-to-face dealings.

Either way, you have to remember each and every case is different and you are only compensated for your actual loss. There will always be somebody to offer their advice, however having been through the compensation process my advice is to document absolutely everything! I kept receipts for every taxi ride, bus trip, phone calls absolutely everything. For information I was also compensated for a lost holiday as I was unable to take due to the injuries.

These cases take time to come to fruition; my case took 2 years 10 months from the accident to settlement and a further 2 months before the money was paid out.

The main thing is to allow time for yourself to recover before getting heavily involved with solicitors, even though I knew the accident was 100% the 3rd party fault, it was still very stressful having to relive the accident and justify my own actions in an accident that took seconds to develop. You have 3 years to start a claim. Just remember keep records!
1 Like #5
Sorry to hear about your loss and hope you recover quickly but unless you can put blame elsewhere you will surely be sueing your friend the driver.

I dont mean that in a harsh way but if no other vehicle was involved he would be deemed to be at fault, which for them must be hell right now after you have lost a friend, i could be wrong in this matter however as I am no law/insurance expert.

Edited By: Nailez on Jun 22, 2011 15:30: ..
banned 1 Like #6
If one of you was killed, your making a claim is nothing compared to the trouble he might already be in
banned#7
sounds like he fell asleep, did the police intend to prosecute for careless / dangerous driving?
#8
So sorry to hear about your horrific experience. Do you know what insurance company your friend is with ? I used to work for Shoosmiths Solicitors who have a large PI department (personal injury). As Pugwash says above, these things do take a long time to settle but as an innocent passenger your friend's insurance company should deal with your claim directly with your solicitors in a fairly straightforward way, and your friend shouldn't need to have much involvement in the claim. They won't be claiming off him, just off his insurance policy.

Good luck and a speedy recovery :)
#9
danib
dxx
Was it your friend's fault?

hi well it was quite late in the evening at 11:45pm we were cming bck from birmingham to leicester so there was no ada car invloved and he says he just lost control and hit the barrier. surprisingly i cannt remmeber anythg as i also got hit on my head.


I see.

To be honest, I think you're in a pretty bad situation. You can sue your mate if you like, but whether you'd win, and whether he or his insurance company would be the one to pay out, I don't know. Given the fact that you're friends with the guy you're trying to sue, I'm not sure if his insurers would want to cover it. Think about if from their perspective - what proof is there that it isn't just a scam to get free money out of them? I suppose you could sue your friend directly, but whether you'd win in that case or be anything but ostracised for it, I don't know.

It's the thing with personal injury claims, I suppose - they're impersonal. This really isn't.
#10
dxx
Think about if from their perspective - what proof is there that it isn't just a scam.

Dude i think losing a friend in the crash would show that it wasnt a scam.
banned 1 Like #11
dxx
danib
dxx
Was it your friend's fault?
hi well it was quite late in the evening at 11:45pm we were cming bck from birmingham to leicester so there was no ada car invloved and he says he just lost control and hit the barrier. surprisingly i cannt remmeber anythg as i also got hit on my head.

I see.

To be honest, I think you're in a pretty bad situation. You can sue your mate if you like, but whether you'd win, and whether he or his insurance company would be the one to pay out, I don't know. Given the fact that you're friends with the guy you're trying to sue, I'm not sure if his insurers would want to cover it. Think about if from their perspective - what proof is there that it isn't just a scam to get free money out of them? I suppose you could sue your friend directly, but whether you'd win in that case or be anything but ostracised for it, I don't know.

It's the thing with personal injury claims, I suppose - they're impersonal. This really isn't.

What a load of nonsense X)
banned#12
whatsThePoint
dxx
danib
dxx
Was it your friend's fault?
hi well it was quite late in the evening at 11:45pm we were cming bck from birmingham to leicester so there was no ada car invloved and he says he just lost control and hit the barrier. surprisingly i cannt remmeber anythg as i also got hit on my head.

I see.

To be honest, I think you're in a pretty bad situation. You can sue your mate if you like, but whether you'd win, and whether he or his insurance company would be the one to pay out, I don't know. Given the fact that you're friends with the guy you're trying to sue, I'm not sure if his insurers would want to cover it. Think about if from their perspective - what proof is there that it isn't just a scam to get free money out of them? I suppose you could sue your friend directly, but whether you'd win in that case or be anything but ostracised for it, I don't know.

It's the thing with personal injury claims, I suppose - they're impersonal. This really isn't.

What a load of nonsense X)

agreed!
#13
Nailez
dxx
Think about if from their perspective - what proof is there that it isn't just a scam.


Dude i think losing a friend in the crash would show that it wasnt a scam.


To people, yeah. To the insurers, though?

Thing is, motoring incidents along these lines are a pretty common scam these days. I'll not explain the usual premise because I don't want to publicise it, but, yeah, it's fairly common for people to get injured in an 'accident' of their own creation and to sue for hefty sums of cash. This situation doesn't match up with the classic scam, but if three friends can sue one and each get maybe £5k each for their injuries while the driver pays nothing, wouldn't that just scream "Collusion!" to any insurer? I'm not saying this was a scam, or anything of the sort. It's just, I've seen enough times the lengths an insurer will go to to shark their responsibilities, and the pathetic excuses they'll give for not paying up. If they can invent a conspiracy to get out of paying, they will. And that maybe means suing a mate directly, and that's just balls.
#14
whatsThePoint
What a load of nonsense X)


So what, if I get into a car with my mate and he crashes, I can sue him without him paying a penny?
banned#15
dxx
whatsThePoint
What a load of nonsense X)

So what, if I get into a car with my mate and he crashes, I can sue him without him paying a penny?

no win no fee!
banned#16
And could you type and spell priormto the accident?

Because you certainly can't now
[mod][Moderator]#17
dxx
Nailez
dxx
Think about if from their perspective - what proof is there that it isn't just a scam.

Dude i think losing a friend in the crash would show that it wasnt a scam.

To people, yeah. To the insurers, though?

Thing is, motoring incidents along these lines are a pretty common scam these days. I'll not explain the usual premise because I don't want to publicise it, but, yeah, it's fairly common for people to get injured in an 'accident' of their own creation and to sue for hefty sums of cash. This situation doesn't match up with the classic scam, but if three friends can sue one and each get maybe £5k each for their injuries while the driver pays nothing, wouldn't that just scream "Collusion!" to any insurer? I'm not saying this was a scam, or anything of the sort. It's just, I've seen enough times the lengths an insurer will go to to shark their responsibilities, and the pathetic excuses they'll give for not paying up. If they can invent a conspiracy to get out of paying, they will. And that maybe means suing a mate directly, and that's just balls.


Collusion? seems an extreme way to obtain £5000, 1 death and 1 serious injury! OP magicjay one of the helpers on here is your man, he has experience in legal matters and would be able to point you in the right direction, sorry to hear of the loss of your friend
#18
dimebars
And could you type and spell priormto the accident?

Because you certainly can't now

.... and you can?
banned#19
shibi din

.... and you can?

Thanks for spotting an obvious typo

unlike the OP's literacy problems

"good company to go through ders soo many "

"there was no ada car"

That isn't even English

shibi din
dimebars
And could you type and spell priormto the accident?

Because you certainly can't now

.... and you can?
#20
You would be suing your friend as he was the driver.
A pretty d**k move if you ask me.
banned#21
Jetpac
You would be suing your friend as he was the driver.
A pretty d**k move if you ask me.
What makes you think/say that?

He has crashed his car, not only injuring the OP, but killing another

Some friend
#22
wishihadadonkey
Collusion? seems an extreme way to obtain £5000, 1 death and 1 serious injury! OP magicjay one of the helpers on here is your man, he has experience in legal matters and would be able to point you in the right direction, sorry to hear of the loss of your friend


This place needs a rolls-eyes emoticon.

Let me explain. £5000 wasn't meant literally. Collusion isn't my theory, but probably the insurer's. I'm not sure how familiar you are with insurance companies, and their general policy on paying out loads of cash to people when there's a straw they can clutch at which might get them out of it. If that's the case, then suing a friend is unbelievably callous.
[mod][Moderator]#23
dxx
wishihadadonkey
Collusion? seems an extreme way to obtain £5000, 1 death and 1 serious injury! OP magicjay one of the helpers on here is your man, he has experience in legal matters and would be able to point you in the right direction, sorry to hear of the loss of your friend

This place needs a rolls-eyes emoticon.

Let me explain. £5000 wasn't meant literally. Collusion isn't my theory, but probably the insurer's. I'm not sure how familiar you are with insurance companies, and their general policy on paying out loads of cash to people when there's a straw they can clutch at which might get them out of it. If that's the case, then suing a friend is unbelievably callous.


You can explain all you like, doesn't mean you are right! Op as said before Magicjay is your man x
#24
Hi, sorry to hear about your friend.

Regarding he matter of claiming compensation, as there was no other vehicle involved that night but your friend, you will be effectively sueing him/his insurance company. No doubt the case will need to be presented at court. however, if it doesnt reach the courts and is dealt with via solicitors, your friend (the driver) will be called up by the solicitors to defend himself against you.

it ultimatley depends on your bond with your friend and your motives behind sueing. Are you looking to be compensated for the holiday you didnt get to go on or are you looking to be compensated for spending 10 days in hospital.

Whatever way you look at it, your friend the driver will be heavely involved. Also, you have already stated in writing that you are unsure how the driver lost control and you have no recollection due to hitting your head. Becareful what you write on here.
#25
OP - please don't take any notice of the scare-mongerers on here who know nothing about this field of law - it is common practice for passengers to claim off the driver's insurance for injuries sustained in an RTC - you are not suing your friend maliciously, simply exercising your right in law to compensation for your injuries.

The claim will be dealt with by your solicitors and those his insurance company appoint to deal with such claims - it's big business believe me - if there had been a TP insurer your solicitors would have claimed off them, as there isn't then they will simply claim off the driver's policy instead.

The vast majority of cases are settled long before court proceedings are issued and it is therefore unlikely that this would go to court as the insurers will negotiate with your solicitors, however as we don't know the full story and all the details, then you will need to get solicitors involved so that they can document everything as it goes along and get all the medical reports etc organised, as well as check things like did the driver actually have insurance at the time, was he covered, get hold of the Police and Hospital reports etc etc.
banned 1 Like #26
dxx
whatsThePoint
What a load of nonsense X)

So what, if I get into a car with my mate and he crashes, I can sue him without him paying a penny?

He's already paid when he took out his insurance, thats what its for
#27
Rupz
Hi, sorry to hear about your friend.

Regarding he matter of claiming compensation, as there was no other vehicle involved that night but your friend, you will be effectively sueing him/his insurance company. No doubt the case will need to be presented at court. however, if it doesnt reach the courts and is dealt with via solicitors, your friend (the driver) will be called up by the solicitors to defend himself against you.

it ultimatley depends on your bond with your friend and your motives behind sueing. Are you looking to be compensated for the holiday you didnt get to go on or are you looking to be compensated for spending 10 days in hospital.

Whatever way you look at it, your friend the driver will be heavely involved. Also, you have already stated in writing that you are unsure how the driver lost control and you have no recollection due to hitting your head. Becareful what you write on here.

hi thanks mate for ur advice because like i mentioned before i do not want my friend the driver who is already in trouble to hv more issues.
#28
thanks all for your advice
#29
dxx
Nailez
dxx
Think about if from their perspective - what proof is there that it isn't just a scam.

Dude i think losing a friend in the crash would show that it wasnt a scam.

To people, yeah. To the insurers, though?

Thing is, motoring incidents along these lines are a pretty common scam these days. I'll not explain the usual premise because I don't want to publicise it, but, yeah, it's fairly common for people to get injured in an 'accident' of their own creation and to sue for hefty sums of cash. This situation doesn't match up with the classic scam, but if three friends can sue one and each get maybe £5k each for their injuries while the driver pays nothing, wouldn't that just scream "Collusion!" to any insurer? I'm not saying this was a scam, or anything of the sort. It's just, I've seen enough times the lengths an insurer will go to to shark their responsibilities, and the pathetic excuses they'll give for not paying up. If they can invent a conspiracy to get out of paying, they will. And that maybe means suing a mate directly, and that's just balls.

want say much but u need to get a reality check!
#30
Please do claim from your friend, it would be nice to see a valid claim once in a while! Your friend will surely understand, you were injured, you witnesses another friend being killed, so you are fully entitled to claim. This was an accident, that's why we have insurance, but you are due compensation. As for who to use, if you go on the law society website you can check for firms in your area.

Good luck
#31
lol I know someone who sued their Dad after a car crash.. don't know full ins and outs and it was ages ago haha
banned#32
I recomend you give Fentons a call...very good company in my opinion, having used them for my GF Pi claim.

Do you know for sure that you friend has valid insurance? If he doesn't then you would need to sue him personally, but only if he has the money to pay out to you if you should win the claim against him. If he is insured then it's not a problem and you simply let your solicitors start the pre action protocol against his insurers in order to seek an out of court settlement which is usually in both parties interests as court time and building a case file cost thousands. Fentons will guide you as to what you can claim for and use the JSB guidelines to estimate the injury compensation you are entitled to.

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