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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Accident compensation

73 replies

gluestick99 · 30/07/2018 07:50

Firstly apologies if this is in the wrong place.

Has anyone claimed compensation for an accident that was not their fault through one of those 'no win no fee' companies? If so, was it easy, no stress, worth while?

I was involved in an accident 2 years ago today. I broke my elbow, which meant I couldn't drive for nearly 2 months, and obviously interfered with day to day life in lots of ways. I don't wish to go into details here of how it happened, but I had no control over it, and at the time the other person involved was a good friend, very apologetic etc. We had a good laugh about it all....

2 years down the line though, we are no longer communicating. He fell out with my DP over something trivial. Neither of us are too bothered tbh, but then DP mentioned the accident and said maybe I should claim? Not as revenge or anything like that, I really wouldn't do that, but if there is a chance of a few hundred pounds then why not? Would the ex friend actually have to fork out? Or would it be his insurance company? WWYD?

OP posts:

AmIRightOrAMeringue · 30/07/2018 08:27

It depends how the accident was caused. I take it it isn't a car accident as if it was you would go through your motor insurers.

For another accident (say he tripped you up) in the UK you have 3 years to claim.

Whether it is successful would depend on whether there was negligence (so in this example if he was walking around with a blindfold on at a fancy dress party - yes, if someone pushed into him and then he tripped you up and there wasn't much he could have done to avoid it - no).

Whether his own pocket or his insurance is impossible to say without knowing full circumstances. If his household insurance, in this example, possibly covered if in the UK and wasn't drunk etc. If outside the UK or happened during adventure sports etc then would depend on his insurance at the time. He may not be covered if hadn't reported it, was drunk, or hadn't complied with the terms and conditions of whatever insurance policy was most relevant.

Chinnyreckoning · 30/07/2018 08:30

Classy.

LoniceraJaponica · 30/07/2018 08:31

To answer the question of whether it is wirth suing him - if he is as rich as you claim he will be able to afford a shit hot lawyer, so it might just be a complete waste of time.

SenoritaViva · 30/07/2018 08:31

What expenses did you incur from the injury? I presume none or you wouldn’t have laughed it off.

StepBackNow · 30/07/2018 08:34

I agree with those saying you need to adjust your moral compass and move on.

AmIRightOrAMeringue · 30/07/2018 08:34

On the WWYD - I wouldn't claim. For him it won't be just a few hundred quid. It would be a former friend stabbing him in the back, a load of interrogation, massive stress, claims investigators questioning him, possibly a lenghty legal process (as a few years ago it wont be clear cut) and him possibly having to defend himself in court then a black mark against him from insurers, difficulty getting future insurance etc etc. His insurers may settle a small amount quickly...or they may take it to court and fight it all the way. I'd think carefully about whether it's worth it given you've been OK the last couple of years. You're suing a person not a nameless corporation who may be used to it

Starlight345 · 30/07/2018 08:36

I am glad your not my friend. HD you not fell out you didn’t need the money now you do. That is the all about get everything culture I hate

TheOnlyLivingBoyInNewCross · 30/07/2018 08:39

This is not just revenge...this is greedy revenge.

You sound an absolute delight.

PaintedHorizons · 30/07/2018 08:46

I agree with everything that has already been said both about the ethics and the likelihood of success however I do understand that we are sometimes persuaded not to do something that we have a right to do because of a friendship which later proves to be false - and that is galling.

How many CF stories have as a basis a perceived or real relationship used as a reason for acting in a way that we wouldn't otherwise.

In your case, had some random person injured you you would have followed the proper procedure, claimed and, (possibly), been compensated for the fact that you couldn't drive, were in pain etc. The fact that it was a friend who hurt you influenced your decision not to claim. Maybe he used that to his advantage at the time.

Without knowing all the circumstances it is difficult to say more but I know that if I slipped on the floor of McDonalds and was hurt I might sue but if I slipped on the floor of my friend's struggling coffee shop I wouldn't. If later she was, a)very successful and b)unpleasant to me, I would regret that decision especially if I were still living with the consequences of the accident.

pumpkinpie01 · 30/07/2018 08:46

If you are in the UK you have 3 years to pursue an injury claim, no win no fee companies are being fazed out and new laws are being brought in this October with regard to injury claims, so to make it worth your while you need to be doing this before October. The majority of companies charge 25% of the total compensation so it would be worth claiming. His insurers would be paying out not him so why not put a claim in.

drearydeardre · 30/07/2018 08:47

so you broke your elbow and could not drive for nearly 2 months and other things were difficult - were you signed off work for the whole 2 months.
I assume you don't live alone so you weren't housebound and had another person to help you with the things that were difficult. I recently broke my wrist badly - still unable to drive at 6 weeks, I live alone so have relied on the kindness of neighbours and adjusted my life. It has not cost me much at all and as it was an accident (not car) I would not even think of suing for something that hopefully will have minimal long term effects.
It is grabby to even consider this after 2 years (to the day no less)

Collaborate · 30/07/2018 08:53

Go for it. You have 3 years from the date of the accident to issue proceedings.

PanGalaticGargleBlaster · 30/07/2018 08:54

Don't feed the parasitic ambulance chasing lawyer industry.

ADishBestEatenCold · 30/07/2018 08:57

"I purposely didn't claim at the time BECAUSE we were friends and didn't want to spoil that friendship. But now we aren't... so why not?"

Unlike other posters, I'm thinking not a car accident, if so, maybe no insurance.

What is it you want to do, gluestick? Take his savings? Maybe some of the value of his house?

Oysterbabe · 30/07/2018 08:59

Yes you can claim and if negligence is proven and there's an insurance policy in place to cover it you'll probably get a few grand. A no win no fee company will probably take about 25% of any award as their fee. It's a simple process. Just call national accident helpline or any of the big companies, they're all much the same, and they'll walk you through it.

ciderhouserules · 30/07/2018 09:00

Go for it OP. It sounds like there is no more friendship between you, so he might as well be a stranger to you.

I don't know the answer to what you are actually asking tho; I've never used one of those companies. Can't you google it?

PeakPants · 30/07/2018 09:01

Firstly, no point doing it unless he has insurance to cover it. Seriously, you will have little luck trying to privately enforce a judgment against him and I doubt the no win no fee firms will be interested in it. If it was a car accident, you can presume he has insurance, otherwise, not so much.

Secondly, yes you have 3 years in which to issue the claim. That means court proceedings must have been issued by then. You have delayed significantly in even going to seek legal advice, which may go against you.

Thirdly, due to the delay, you are likely to struggle more to collect evidence- witness statements, medical records etc.

Fourthly, you don't just get money for being in an accident (other than a very small amount for pain, suffering and loss of amenity). You need to prove actual financial loss such as loss of earnings, taxis to appointments, painkillers etc.

With your case, it will be hard to settle it amicably because proceedings need to be issued quite soon. You will also need to have medical exams which can be quite intrusive. If you're sure, maybe do it, but as I said, only worth doing if he had insurance cover at the time.

MatildaTheCat · 30/07/2018 09:07

You do not need to use a ‘no win no fee’ company.

Consult a reputable law firm which deals in personal injury with as much information as you can provide. They will be able to assess whether you have a claim or not. You may have some legal cover with your house insurance. If not there are still ways to claim without financial risk IF the lawyers believe you will win.

You may have laughed it off at the time but presumably you weren’t actually in stitches with the mirth of a broken elbow? If the incident was plainly his fault and you had no blame attached then you may we’ll have a claim. If you can demonstrate financial losses they would be repaid plus a modest sum for pain and suffering.

Start by consulting a law firm. A proper one.

Your moral compass does not concern me but you do need to very carefully consider the implications with your friends. It is the kind of thing that breaks up whole groups and the trigger here sounds pretty petty. That doesn’t mean you don’t have a claim though.

LucyLou49 · 30/07/2018 09:07

Protest all you want, it is clear that you are considering this out of revenge.

Was there negligence involved?

You may win, you may not. It will be quite a lengthy procedure. Will you be claiming off of his household insurance (was it in his home?) or are you suing him as an individual? Other than medical record for the injury, do you have evidence, photos of whatever it was that cause the accident to happen?

Expect to have your motivation questioned by the defence, you may want to think of something better than being annoyed over a sat nav cable.

chemenger · 30/07/2018 09:13

Was the accident due to his negligence? Could he have foreseen that something he did would cause harm? You need both of these to be provably true. What evidence is there? And I would also think you need a better answer to “why didn’t you claim before” than “I don’t like him any more”. Otherwise you just look spiteful. If he’s a millionaire and you have fallen out won’t he have lawyers, who may be better than your dodgy no win no fee people?

Shortstuff08 · 30/07/2018 09:14

If you were my friend and did this to someone who you fell out with, it would change how I viewed you.

Not sure I would want to be friends with you, if these are your morals.

Motherhood101Fail · 30/07/2018 09:14

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

BunsOfAnarchy · 30/07/2018 09:16

Where have you gone OP lol

No. Dont do it. Not only does this make you and your husband out to be complete cunts, every single friend of yours will probably think twice about being your friend.

You may have fallen out with said millionaire but by doing this you will have cemented the breakdown and will never ever be able to salvage that relationship again.

P.s being a millionaire businessman doesnt mean he should pay for things 'because hes rich', he may have principles, why did u need him to pay for a satnav cable? We need to know more about this story!

cholka · 30/07/2018 09:16

You've got three years from the date of the injury to bring a claim.

You would need documentary evidence (medical report, receipts from physiotherapy etc) confirmation that you couldn't drive. No win no fee people are looking for easy wins, don't expect them to take on your claim on the basis of your say so.

But I think it would be shitty behaviour to bring a claim. You didn't at the time so you were not too fussed. If you've fallen out the best course of action is to back off and stop escalating the aggravation. If you bring a claim you will be stuck in the conflict for another year or so, and probably with little money to show for it. It takes quite a bit of time to bring a claim, it's not an overnight thing. If it went to court he would likely submit a witness statement saying you didn't claim, then you fell out and you decided to claim. Would weaken your standing.

You might be able to get a no win no fee lawyer to send a letter and his insurers would pay up, but why stir things up? You sound like someone on Jeremy Kyle with all this slanging about a satnav cable to be honest. Just let it go and get on with your life.

And by the way if his insurers pay out, his premiums would probably go up and everyone else who pays insurance would also be stumping up to pay for an injury you weren't fussed about at the time.

Maybe do something productive with your time instead? Take up gardening or get a puppy or something!

TheShapeOfEwe · 30/07/2018 09:21

Was it a genuine accident? Because if so, there will be no right of compensation. You'll only be compensated if your friend was negligent.

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