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

So sorry for your loss @DownstairsMixUp. What an awful thing to happen and then have this hanging over you and your family. I apologise that I'm not going to answer your question but instead hopefully help ease the worry about your Nan. You may have done this already but if her mobility is declining and you think she may need practical support have you or your family contacted social work for an assessment? She may be entitled to some free care or additional benefits. Or even a physio to help her walking. Good luck with everything x

Im so sorry for your loss.
It took a relative 2.5 years to get a payout in a road accident.

Check with your solicitor first if this is correct of course, but at some stage I think they will ask for a detailed costing of DF's lost wages and benefits, care and services your dad provided to help establish a basis for the claim.
So if you can stand it, try to write down dates and times whilst you still remember them.. ie date your dad moved in with his mum. Hours he worked, what kinds of care etc, how often do the shopping/cooking. How often did he drive her, what would it cost for her to get a taxi there now, ... did he do the gardening, DIY on the house, sort out her finances,

Keep a record of the hours/tasks that you and your brother now have to do for your nan now that your DF is no longer there to do them.

My relative had to do this and solicitor said to include things like replacement suit and shoes ruined in the accident, physio, hiring a gardener and window cleaner whilst they recovered, parking payments, taxis and time family spent caring for him, giving lifts etc.. all "costs" incurred by the accident. They said the hardest thing was remembering what to include... so try to start a record that you can update now as its a horrible task and having the info to hand will speed up your response and hopefully your settlement.

Can’t advise on the payout but why do you think your nans care costs fall to you? I was in a similar position and got in touch with social services who put a care package in place.

He sounds a wonderful man, OP, caring for you all. Of course your lives are devastated, practically and emotionally.

It is yet more bureaucracy but the Pp is right, your Nan could well be eligible for care.

AgeUK are very helpful in explaining what can be provided and what she will be entitled to. I know it isn’t the same as your Dad caring for her, but carers visits can provide practical help, and a cheery friendly face.

Adult Services can also advise on an alarm, a little bracelet with a button to press in case she had a fall.

www.ageuk.org.uk/information-advice/care/arranging-care/

AgeUK also have a helpline 0800 169 6565 . If you explain your circumstances and that it is all on top of you, they might help see you through the process. It was pre-COVID but an experienced volunteer advised us and helped me and my parents fill in the various forms. Your Nan might be eligible for Attendance Allowance.

I really dont know anything about this but a friend was seriously sexually assaulted and beaten and it's coming up three years and no trail date.

Its shocking how long the police take to get things in front of the cps. Terrifying really.

I am so sorry for your loss and totally understand how the legal process intensifies and prolongs the trauma

Such a sad story, but is your nan really quite willing for you to take on the responsibility of 'caring' for her when you have jobs and children !? How realistic, and dare I say fair is that? Agree, you need to contact social services and get them involved. Does she own her own property?
I'm so sorry about your dad. I lost my DM in her 60's in a car accident. She was my only parent and source of childcare. The elderly gentleman at fault despite killing two people got a suspended sentence. It was complicated and we didn't seek compensation. It took well over two years to get to crown court and Was the worst time of my life.
I hope things work out for you.

Your Nan's home won't be taken into account if she's having care at home, only if she goes into permanent residential care. And your savings definitely won't be anything to do with her care! Only her savings and income will be used to assess her contribution to any care she has at home. Does she get Attendance Allowance? That's not means tested and is designed to be used to pay for care.

Obviously you can use your savings and any compensation you get to pay for any extra care she would like over and above what Social Services deem necessary, but you don't have to.

And yes, only your nana finances are assessed for care costs. Not yours. If she needs 24/7 care then maybe she needs to reconsider her situation and the well being of you all and the wider family and what is sustainable long term.

Im so sorry, this is truly awful. Unfortunately I don't have anything useful to add, ive known these things to be cleared up in two years and others to take much longer and it certainly does make life more difficult and all you want to do is have closure

I can't help with her question but just wanted to say what a lovely family you are, and I'm so sorry you lost your lovely dad. I understand what you mean about this hanging over you. Have you had any bereavement counselling? I'm sure you have, or it's been offered, but Cruze (sp?) are excellent I've heard. Your nan is lucky to have you and your brother. Sending all good thoughts to you

Firstly, very sorry for your loss and how this is all dragging on for you.

As regards your Nan, I'm not a fan of using the rise function on a riser recliner because it makes the muscles get weaker as they are not being used as much as they could be. I always try to encourage people to wean themselves off using this function.
It might be worth contacting GP/social services for OT and PT assessment - they can help with mobility and also with equipment that might be helpful - bathing aids, blocks to raise chair height etc. Ultimately, though, unless she gets up and walks around hourly then her muscles will weaken and she will be less able to move around and balance well. There's only so much a physio can do, it's mainly down to the patient.

I am so sorry for your loss. It can take years to settle an insurance claim.
You are not responsible for paying or organising your Nan's care.
Talk to Age Uk without delay. They will help you.

She is entitled to attendance allowance and you and your brother may be entitled to carers allowance. Age Uk will advise you. You can apply for the attendance allowance for your Nan.

I agree with @AliceinBorderland don’t bank on it. I lost someone to a car crash. Driver was over the legal limit and charged, served three years in prison. It took eight weeks to release the body, a year to get to court and another six months before we could submit a civil claim.

We literally got the statutory bereavement amount of (it was then) just over £12k and be careful about who it is paid to as it does affect benefits.

I am so sorry to hear this op, so sorry for your loss xxx

www.gov.uk/claim-compensation-criminal-injury

You won't get much if anything for general damages. There was no pain & suffering so the insurer won't pay it. You should get the other heads of claim however.

Oh Op, no advice but I just wanted to say I'm so sorry for your loss. Your dad sounds like he was an amazing man and such a big loss for all of you. Hope you get settled soon and are able to find some peace

Sorry for your loss

If you go to your nearest pharmacy & fill out a form
You may be able to get your Nans medication delivered for free. She just needs to phone for a repeat delivery.

Your Nan can apply for attendance allowance