Settlement after losing loved one in hit and run

[DownstairsMixUp]

I wondered if anyone could help me.

My dad was killed in a hit and run last year, two people raced through a red light, as one went to over take the other, they hit my dad and he died instantly. Both left the scene. One we had a clear photo of ans after 3 days he handed himself in. He was the one that collided and is now in prison.

My solicitor says the police won't file a report for them till the investigation is closed. They won't close it as they want to charge the other man. Why is this taking so long? I can't bear it hanging over me anymore. This happened in April 2020. The solicitor says it is better to have the other man charged as it would mean a larger settlement. Why is this? Wouldn't we only be able to settle with one insurer? They are always so busy and takes ages to get a reply

My dad was only 57 and an only child to his mother who he helped to look after so now this is down to me and my brother. We aren't bothered about a large settlement we just want some money to help care for our Nan. Her mobility is getting worse and I worry we will need extra help soon as me and my brother both work full time.

Key questions:

Why do we have to wait for the second charge for a report from police?
Why will it mean a larger settlement waiting for the second man to be charged?

Thank you for reading

I'm really sorry for your loss. It must be awful.

I'm no expert and hopefully someone on here will help but I think the people to really ask are those saying you'll be in a better position with both the accuseds being dealt with.

In terms of settlements I've know people get part payouts once the insurers know there is a case to be made as a sort of payment on account. Presumably the matter isn't that far on yet for them to not have mentioned it. The guy I know didn't get a interim payout for just over 2 years, so these things do take a terribly long time. I understand your concerns.

I'm so sorry for your loss.

Is the first insurer aware and have they admitted liability?

My solicitor says the police won't file a report for them till the investigation is closed.

Absolutely right. If someone is facing criminal charges then the police won't release a report until the criminal trial has taken place.

Claims can take years.

Please listen to your solicitor not lay people on an Internet forum.

I expect the first insurer won't pay out until the police report is ready because they'll know another insurer will be liable to contribute towards it.

They won't close it as they want to charge the other man.

Does this mean he's been caught? Or are they still looking for him?

** If someone is facing criminal charges then the police won't release a report until the criminal trial has taken place.

Claims can take years.

Please listen to your solicitor not lay people on an Internet forum.**

^Good advice here

I remember slow solicitors very well, it's awful.

My circumstances were different but my case was... complicated. I was a passenger with a dangerous driver and he told the insurer I wasn't even in the car. I still managed to get an interim payment of £1000 because the insurer had admitted liability, just not to me (yet).

My solicitor was frankly shit (even calculated my claim wrongly with the barrister's paperwork in front of her, very nearly costing me thousands). However when I pushed and annoyed her enough I did get somewhere. Do keep nagging. The insurer knows a claim is coming so if pushed will give it to you.

I'll PM you

You might be better posting this on Legal www.mumsnet.com/Talk/legal_matters

But broadly you've got fair advice, to take your solicitor's advice and be patient.

I am so sorry, OP, what a terrible thing to happen.

I think Pp are right. The convicted man’s insurers will be waiting to make sure the other man’s insurers also pay up and to do the settlement in a fair way between them.

So the police need to charge and convict the man abd then your solicitor needs to chase the second man’s insurers.

In the mean time the first insurers should be able to release an interim payment for the ongoing support of your Nan.

Tell your solicitor that you are desperate as you cannot fill your Dad’s caring role due to work.

Also, you do need a big settlement. Your Dad could have been caring for your Nan for the next 20 years.

Did he : could he have provided childcare for you and your brother?

Was your Dad working? He had another 10 years to earn before state pension age. Money that he may have wished to leave to you.

I know the main thing is that you have lost your beloved Dad. The wicked men who caused his death can never make that right, but your lives should not suffer in ways that can be dealt with via the settlement.

See if your solicitor can press for an interim payment. At least the. You could be using that and forget about the rest for the time being.

So sorry it is such a horrible process.

That is terrible. Is it too intrusive to ask how much you got? I worry about my Nan needing care soon and my brother and me both have mortgages and full time jobs, I've got kids. We've both got savings each but I do worry we'd eat right into them if she eventually needs help. I know why my dad was always worried now.

Do not under any circumstances think settling this claim is going to solve your financial problems and don't make any plans in it doing so.

You might be surprised just how little a fatal claim is worth.

The bereavement award is only £15,120. Parents of an adult child can't claim it so your nan isn't even going to get that.

She might have a claim for loss of financial dependency if he was supporting her.

Your solicitor is utterly wrong that a criminal charge means more damages. Our damages system is restorative not punative.

Don't get your hopes up

All the talk of interim payments and desperate for money...your solicitor cannot magic money out of thin air when a police report is not available and liability is not admitted.

This is going to take months if not more than a year to get the criminal case dealt with. There are backlogs in the courts (thanks covid).

@DownstairsMixUp

Yes my dad was still working, he was a full time postal worker, he was on his way to work during the first lockdown. Makes me cry thinking about it. It was ideal as he'd finish early enough to be able to run my Nan about. He took her food shopping, did the gardening, got her prescriptions, just general stuff like that she can't do alone. You're correct he had a good ten years before he was due to retire.

We've had a payout from the Royal Mail from his pension, this is a good sum, I just worry it would soon go if anything happens to Nan.

My dad did help with my kids yes, he often took them for a weekend as my youngest has autism so it's hard work. He loved to help out. These welcome breaks were something I really appreciated, he was an angel.

He also lived with my Nan, he sold his house in 2014 to go live with her as she became more and more unsteady.

My god what a huge loss

Praying for your dad tonight
What a gent

So very sorry

@AliceinBorderland

All the talk of interim payments and desperate for money...your solicitor cannot magic money out of thin air when a police report is not available and liability is not admitted.

This is going to take months if not more than a year to get the criminal case dealt with. There are backlogs in the courts (thanks covid).

But the first man, the one who actually hit the OP’s Dad, has been convicted and his insurers have accepted liability.

They just haven’t agreed the settlement and won’t until the second case is resolved.

My colleague received an interim payment in almost exactly these circumstances.

That’s why I suggested it.

But it still won’t happen fast, judging by her experience.