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

You don't have to do 'more'. Without being heartless you have a life and immediate responsibilities of your own.
Help your Nan access any benefits or savings she has to buy in care, and approach social services. Consider private cleaners, daily caters, pharmacies to deliver medication, hospital transport, handymen (via Age Concern) etc etc. If she doesn't want to be a burden these things won't be an issue.
Don't try and take it all on, I'm sure your Nan won't let you take all this on indefinitely anyway.

The solicitor has quoted 50k - 250k

To the trained eye that means they don't have a clue. That is an very wide settlement bracket indeed.

I tell clients at this early stage I can't until I gather more evidence. The solicitor cannot quantify it at this stage and that's why they have given you such a wide bracket to the extent it is meaningless.

Gosh auto correct keeps deleting words. That should say I can't quantify the claim at this early stage. I do that rather than give a bracket with a £200k margin for error which means the solicitor has no idea of value right now.

No expertise or advice. Just so sorry for your loss.

Totally different circumstances but I lost a family member due to a car accident, they were a passenger in a car that was hit by a dangerous driver. It was a long time ago now but there was a claim put in and each of his 3 children got roughly £14000 and each grandchild got about £3000. It took about 2 years to get it all settled.

Just a thought I would check if your dad was in the union at work as I'm sure there is a payout from them too. Royal Mail also have a scheme to help employees and their families I think it's the Rowland trust so might be worth looking into. Very sorry for your loss!

Sorry I can't answer your questions regarding the payout but if your Nan needs a lot of help does she claim Attendance allowance?

Attendance Allowance is not means tested, so if she is eligible for that it could help pay for gardener, cleaner etc. Anything she wants to spend it on.

Carer services are means tested, but she will get some of the cost paid for if she has savings under £23,250, and most paid for if her savings are under £14k www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-homecare/

The amount of money you and your brother have is not relevant.

Attendance allowance is independant of your insurance claims . We had to go for it and someone came out to assess steps to the bathroom , bedroom and realized we had many steps to front and back door . we were advised to request help putting in a walk in shower and grab rails etc , and advised to go for attendance allowance . we asked for help with the forms , and were talked through every question and how to word the answer , and were granted it ,and a blue card for parking etc . Please go for it and remember its not charity , its something you need

I don't have any knowledge so can't contribute.

I just want to say I am so sorry for you and your family, to lose someone in that way and to then be told there are legal issues to be tied up must be heartbreaking. I am so sorry for your loss.

So sorry for your loss, op. A close friend of mine lost her father in similar circumstances - although he actually lived for 6 months in hospital with severe brain damage before he died. I've never asked her about the compensation ... I don't know if there would have been any as the lad driving wasn't charged with anything. He just didn't see him crossing the road on a dark might.

With regard to your grandmother, she could have a paid carers a couple of times week? Attendance allowance should cover that. It doesn't need to be daily until she needs it. What happened to the money from your father's will? - apologies if I've missed that.

Loss of consortium is a head of claim
That your solicitor should be considering and loss of services dependency

I'm so sorry op to read of the impact this has had on you. I wish these dangerous drivers would just think before they do such stupid things. A couple of years ago my ds2 who was 17 at the time was coming home from a party with 3 other friends and one was mown down by a driver doing 73mph in a 40mph zone and did not survive. My Ds and the others witnessed it all, tried to resuscitate their friend as he lay dying and had to run for his parents. The impact for the family and friends has been enormous. I just wish these idiots would think.