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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to want more compensation?

46 replies

Jellymuffin · 10/02/2017 17:04

I was involved in a car collision just before Christmas, was stationary (or there abouts) waiting to go at a junction behind other cars. I heard a loud crash behind me and then was hit myself. The driver who hit myself and the car behind had ploughed into us at at least 50mph, his air bags had gone off and his glasses case had broken his windshield. He was slurring, confused and couldn't stand.

My first thought was that he was legless but I don't know a lot about shock so thought it might be that too. I got a paltry amount for my little car (50% more than I'd paid the week before for a repair) and have had to buy a new car for far more money. I have been contacted by the police as this is now a criminal case. I'm assuming he WAS drunk.

Can I apply for criminal compensation too? I'm just about to start maternity leave and it would really help. I'm not usually grabby but thoroughly pissed off that this person has caused me massive financial loss because he decided to drive drunk.

OP posts:
JennyOnAPlate · 10/02/2017 17:07

Yanbu. I would make an appointment with a solicitor.

Allthebestnamesareused · 10/02/2017 17:22

As far as the amount you get for your car (assuming it was written off) you will only get the value of the car. The fact that you have to pay more to get a different car is neither here nor there. You are compensated for what you lost. It is annoying I know but it is how it is. However, if you say you had some recent repairs done sometimes (depending on what is) you may get some compensation for this.

However, if you have already had the money I am assuming you have accepted the amount offered in full settlement.

I assume also that you were not injured in the crash.

Cocklodger · 10/02/2017 17:26

If you weren't injured in the accident then no you can't claim criminal compensation - full name criminal injuries compensation, which is to make up for eg loss of earnings if your leg was broken and you took weeks off work for it. Or other costs/inconvenience incurred by injury.
Compensation is for what you lost - your car, Not for getting you your new one, so as harsh as it sounds it isn't really here nor there legally speaking

allchattedout · 10/02/2017 17:36

You were hit at 50 mph (incredibly fast speed at impact) and you weren't injured? You are very lucky and the driver is very lucky he did not die. You would only get the market value of the car (which presumably you did get).

In terms of instructing a solicitor, this will only be an option if you suffered any injury. You will be treated as already having been compensated for the car by the driver's insurance.

The criminal injuries compensation authority compensates blameless victims of violent crime who have sustained a mental or physical injury as a result, not victims of road traffic offences.

AnchorDownDeepBreath · 10/02/2017 17:42

Do you have any other losses? Injuries, time off work?

You won't be able to get compensation from the criminal injuries authority as that's for victims of violent crime; but you could instruct a solicitor to try and claim compensation for injury against him.

You won't get anything else for the car because you are only compensated for the value of what you lost, and you already accepted an amount. Did you negotiate upwards? First offer is usually low and they should have taken your recent repair into account.

AnchorDownDeepBreath · 10/02/2017 17:46

all beat me to it and said it better Blush

birdladyfromhomealone · 10/02/2017 17:58

My DH and DD were hit by an uninsured driver at 50mph, she didnt stop at a stop sign and hit them broadside so their car turned over three times. My DH broke his shoulders and my DD is too scared to drive now shes 25.
It went to court as she was done for dangerous driving and uninsured.
My DD and DH got NO compensation just the price of my DD car back.
The day after the crash three men in suits turned up and offered my DH 5k not to press charges.
We told them to leave and told the police and it wasnt even brought up in court??

hefzi · 10/02/2017 18:10

Just because it's a criminal case doesn't necessarily mean he was drunk: could just as easily be that they're doing him for driving without due care and attention - you'd be extremely shook up if you'd hit another car at 50mph, so it's not surprising he was exhibiting such intense symptoms. (Of course, he might have been drunk too - but that's far from clear from what you say about his behaviour)

For future reference, you can get insurance to cover the gap between what you car's worth if it's written off and what you'd have to pay to replace it: it was originally aimed at people who were leasing/on HP, but I think anyone can take it out - have a google of Gap Insurance. Too late now, I know, but might make sure you don't lose out again.

FourKidsNotCrazyYet · 10/02/2017 18:20

You want compensation because you're going on maternity leave? Not for additional help around the home as a result of the accident? My brother was KILLED by a drugged driver and we received and sought nothing. My parents savings paid for his funeral. So for me YABVU and greedy. Some people have lost so much more. Be grateful you walked away.

BackforGood · 10/02/2017 18:40

As far as the amount you get for your car (assuming it was written off) you will only get the value of the car. The fact that you have to pay more to get a different car is neither here nor there. You are compensated for what you lost.

Hmmm. Presumably not written by someone who has had an older / cheaper car written off ever. You can never easily replace you perfectly drivable car that gets you from A-B with the money you are given by an insurance company's "market value", even before you get into the 'hassle' of not having a car for a while, and how you get to look for cars when you haven't got one to get you to where they are for sale.

Cathelpplease · 10/02/2017 18:44

Agree with backforgood.

I wrote my car off last week (totally my fault though).

Insurance BACS the money over today but it won't hit my account until Thursday. Courtesy car had to be returned today. Not sure how I'm supposed to look for cars in the meantime

Wolfiefan · 10/02/2017 18:45

What massive financial loss?

Original poster
Jellymuffin · 10/02/2017 18:47

How am I being greedy? I'm massively out of pocket because some wanker chose to drink and drive. It wasn't an accident, it was basically premeditated! My lovely little car worked perfectly well and did a good job. I'm angry that I had to pay for changing my vehicle details, getting a new car, taxing it and the inconvenience of spending HOURS on the phone to the insurers. You try finding a car you'd happily put your child in for £1000! It's not on, if I claimed on my insurance for a broken TV, it would be new for old, car insurers should do the same. I know that's not what my original AIBU was about but it's so bloody unfair!

OP posts:
FourKidsNotCrazyYet · 10/02/2017 18:54

Well you're not dead though are you!

LucklessMonster · 10/02/2017 18:54

You try finding a car you'd happily put your child in for £1000!

You've been driving your child round in a car worth £1,000 for a while.

That beside no, I don't think YABU. Morally, you should get compensation. Legally, I have no idea where you stand.

lougle · 10/02/2017 18:54

£1000 is quite a lot for a car, or at least there are plenty of decent cars for that sort of money out there. It's not that bad! And you'd only get a new for old policy for a TV if you'd paid through the nose for it. Absolutely no way you're going to get a new for old policy for a car!

Longdistance · 10/02/2017 18:55

Do you have legal cover with your insurance?

RoastitBubblyJocks · 10/02/2017 18:55

You try finding a car you'd happily put your child in for £1000! It's not on, if I claimed on my insurance for a broken TV, it would be new for old, car insurers should do the same.

This is not a reasonable expectation.

You think an insurer should replace your very old car with a brand new one? That's not what insurance is for.

PigletWasPoohsFriend · 10/02/2017 18:57

I'm massively out of pocket because some wanker chose to drink and drive. It wasn't an accident

Do you know that they were drink driving or are you jumping to conclusions?

PigletWasPoohsFriend · 10/02/2017 19:00

FourKidsNotCrazyYet

I agree with you. I have had a family member killed by a drunk driver and their parents had to borrow money for the funeral.

So yes YABU to want money because you are going on maternity leave.

user1486669405 · 10/02/2017 19:04

The fact that others have been treated badly after experiencing worse situations doesn't mean it is ok for either of the victims. I totally sympathise with you. It sounds shit and really unfair.

Did you really not have any injuries after such a nasty collision?

FourKidsNotCrazyYet · 10/02/2017 19:16

No it isn't fair user but surely there needs to be a scale to these things. Where does all this compensation come from? The insurance company to a degree for the car damage, even though unnecessary claims put in because people need the money for mat leave which hikes up everyone's policies in the long run, then compensation from the 'pot' to cover criminal acts etc. Basically from the tax payers pocket. The whole thing gets my goat tbh! My friends husband was killed in Iraq 2003. She received £125000 and then the army washed their hands of her. Three years later a female sergeant has a £250000 pay out for losing her thumb. Like I say. Scale is needed!

Original poster
Jellymuffin · 10/02/2017 19:17

Thank you user. I sympathise with people's experiences but it doesn't stop me being pissed off. I'm going to stop posting now, it was a very difficult time for me even though I didn't die. The fact that he was drunk and I'm being requested to give evidence has bought it all back. I was in a lot of pain for a few days but hopefully nothing permanent. I feel ok now. It happened on a Friday so no days off work, just a ruined weekend. I didn't know I was pregnant at the time and I just hope it doesn't manifest itself in a more painful later pregnancy due to a weakness in my back or pelvis due to the collision.

OP posts:
WayfaringStranger · 10/02/2017 19:26

I'm afraid I don't know enough about this to say YABU or YANBU but I understand that it must be upsetting to have to give evidence. Flowers

allchattedout · 10/02/2017 19:30

If the accident happened just before christmas and you are now just about to go on mat leave, you would have been 6-7 months or thereabouts, but you didn't know you were pregnant? It sounds like you WERE injured. Surely at an impact of 50 mph, you would have been taken to hospital at least? It's really really, fast you know- if a pedestrian was struck at that speed, there would be very little chance of survival. I would also expect very serious damage and injuries to vehicles and their occupants.

If you were injured, go to see a solicitor. However, you will need medical evidence to support it.

If you are being called as a witness, then surely he was definitely drunk because that is what he is being charged with? Your first post suggests that you don't know. Also, just a tip, if you do go to court, have a think about whether he really was doing 50 mph because he will get some expert witness claiming that was impossible and it will undermine your testimony. If there weren't any serious injuries, it's more likely he was doing 30-35 or so at the time of impact, which is still fast.