To claim compensation?(23 Posts)
Bit of a messy one. My son and I were involved in a car accident on Wednesday. We were travelling along a country lane to pick my daughter up from nursery and a large van was speeding and came round the corner and hit us head on. He initially left the scene of the accident and my son and I were left on the side of the road in shock, crying and desperately trying to get hold of my parents.
He did returned 15 mins later and it turns out the guy knows my dad so we agreed to all meet up at my house to exchange details etc. In the meantime I had called the police to let them know he had left the scene.
He came to my house and as my car is very old and the damage was really severe he said he didn't want to go through insurance so would give me £650 cash as that's what my car was worth. I wasn't thinking straight and I agreed to it, the bloke was crying saying how awful he felt. Very apologetic and seemed genuine.
That night I developed symptoms, went to docs and I've got whiplash, lower back injury and shock. I've been signed off work of which I don't get sick pay for and my husband will have to have time off to look after our two children whilst I recover and have treatment.
An injury lawyer phoned today as they were passed my details by the police and said I should claim compensation.
The sticky part comes that it turns out the van didn't belong to the bloke, it was his mates. They've told their insurance that it was his mate that was driving. The bloke has begged me not to claim compo as it would get him and his innocent mate in trouble, he said I'm being unreasonble as he paid me cash in good faith and now I'm not being fair by threatening to claim compo?
I imagine the sticky part is that he's not insured to drive his mates van. So if they tell the truth to the insurance company you may well not get any compensation.
However you're not been unreasonable at all to claim if you take that risk. What a git for leaving. You owe him nothing.
No. He has broken the law, injured you then tried to buy your silence.
Obviously you'd have to give him the cash back if you did claim.
Plus it would be his word against yours. I know someone who had a similar collision and the other driver denied been over the line. They had to agree to 50/50 blame in the end as both blames the other.
I told the injury lawyer that they may say that it was his mate that was driving and she said I would still get compensation as apparently it's the owner of the van that's obligated to pay, whether he was driving or not. The difficultly is they would both be had for fraud. My husband said I owe him nothing, I dont know why but I feel sorry for him
You are absolutely not being unreasonable but don't go via the firm who phoned you as they are likely just a claims management company.
Assuming you don't have legal cover contact a personal injury solicitor direct.
What did your insurers say when you contacted them to cancel your insurance with them?
The insurance company didn't question it. They just said I had to pay a default for ending early, which I did
Do you not need car seats replacing etc? You would need to tell your insurance even if no claim is made. Tbh as police are involved it would be worth making a claim formally through your insurer. I'm not sure why your dh has to take time off though.
Yes I will need to replace two car seats. My DH will have to take time off as my son is 6 months old and my daughter has just turned 3. The whiplash isn't so bad, it's my back that I will need treatment for so I can't give my son the care he needs when I can't lift
It is early days so your injuries may yet recover quicker than it seems or you'll need further diagnosis before you know what the problem is and prognosis. While it is uncertain I'd go through your insurer. You have several years to bring an injury claim if that doesn't cover it.
You owe this man nothing whatsoever. He has broken the law by driving without insurance, driving dangerously, and leaving the scene of an accident.
If he gets away with it, he will do it again.
You deserve appropriate compensation for the accident and for your injuries. I would suggest doing a bit of research before choosing a lawyer - don't necessarily go with the first lawyer who rang you.
The police did not give your details to anyone, the 'solicitors' have lied to you about that. Data protection law would not and does not allow for that. They were chancers ringing you up and they got lucky. Same as the PPI spam calls.
Make sure you're happy with their credentials before you engage them.
What's happening on the police side? Will they not find out he has no insurance and prosecute him as he has already been reported to them?
He can always pay you the compo direct. If he doesn't want to....well that's why you make sure you're insured isn't it. What if he'd killed someone, he's an idiot for taking such risks.
I always think its best to go via insurance asap. You just never know what will happen on either side.
Do NOT use the firm that called you. Phone your own.
Go no win, no fee. Give the cash back and do it all through the insurance but ensure you tell them everything about him giving you the money and handing it back - if you lie you will lose your claim and have to pay their rates (usually £200+ an hour).
Are you sorry enough for this guy to give up a week 's or a month's worth of wages? Or however long your recovery takes? What if you need physio, are you willing to wait for months on the NHS or pay for them yourself for the sake of this guy? A random guy who hit you and left you by the side of the road?
Give his money back, go to your insurance and go for compensation.
As someone else has said, that insurance company that phoned you are lying. I get calls everyday from supposed insurance companies saying they're calling about the car accident I was involved in. I've never been in a car accident. Do not give them any further details, they are scamming you.
You feel sorry for a man who drove head first into your car and could have killed you, fled the scene, claimed he knew your dad to build some emotional trust with you, and has lied to his insurers that it was his mate who drove the car?
The owner of the van isn't obligated to pay. His insurance company insures him to drive the van. They won't pay if someone else is driving nor will the owner have to.
So that's crap from the solicitor.
Do you pay for legal expenses cover on any of your own insurances?
The cash for your car and a claim for injury are separate things. However, he may try to state that he gave you that cash in full and final settlement of "your claim". I would suggest you give him that back and make your claim (vehicle and personal injury) direct to the insurer of the at fault vehicle. They will pick both claims up irrespective of who was driving as the RTA insurer of the car. Keep receipts for any costs you incur and any lost income. You do not need a solicitor/no win, no fee agent at all! One word of caution though, the majority of narrow road collisions where there are no witnesses can end up being settled on a 50/50 basis, have you anything in writing confirming he admits responsibility? Dash cam? The damage to both vehicles will help in depicting the "real story" so please take lots of photos. Lastly YANBU to additionally claim if you are left out of pocket
You've got nothing to lose by going forward with a personal injury claim, some solicitors offer free treatment so you'd be able to look at having physiotherapy free, alongside compensation and any wages that you've lost. Just be weary of which solicitor you choose! Make sure it's no win no fee and also look at the success fees that they deduct if the case is successful, they are also likely to take out after event insurance as well, so shop around
I wouldn't feel bad about claiming as its recovered from their insurance. Insurance is taken out incase of an incident, and obviously if you're injured as a result of it and it stops you living like you normally do, you've got nothing to lose. Also what's to stop him from doing it again and causing more serious injury?
Am glad that you're ok and your injuries aren't too serious!
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