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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:

ciderhouserules · 30/07/2018 09:23

Expect to have your motivation questioned by the defence, - Seriously? If someone crashes into you, and you are injured to the extent that you feel you can sue, you can expect to be questioned about your motive?

No way.

twoheaped · 30/07/2018 09:32

My dd had an accident through negligence 13 years ago at nursery.
I went through Irwin Mitchell for compensation.
The process was pretty painless but nursery didn't contest their negligence. She had her pay out put into court funds about 6 months after the accident.

In your case though, it sounds like sour grapes and I'm not sure I would pursue it in your position.
As soon as I was told my dd would need plastic surgery, 3 weeks after the incident, I informed the nursery of what I would do.

feathermucker · 30/07/2018 09:32

You're doing this purely for the money and because you're no longer friends. If there was a claim to be pursued, you should've done it at the time.

You sound lovely.

Oysterbabe · 30/07/2018 09:33

Yep no one will give a fuck about motivation to claim. If there was negligence and injury the reason for claiming is irrelevant.

AJPTaylor · 30/07/2018 09:42

yep. if you broke your elbow you should claim. insurers will pay, not him in first instance. check first if you have legal expenses cover but crack on.

Shortstuff08 · 30/07/2018 09:51

Yep no one will give a fuck about motivation to claim. If there was negligence and injury the reason for claiming is irrelevant.

That's not strictly true. If the millionaire ex friend instructs decent solicitors they may argue that the OP hasn't incurred costs and it's all been exagarated through spite.

It's impossible to tell. It may work. It may not.

If I had money to burn, I would fight the OP on this.

CatWithKittens · 30/07/2018 09:51

Leaving aside motiviation for bringing a claim, which is irrelevant in law provided there is a good claim, you need to get advice from a competent solicitor who specialises in personal injury work but does not run a claims machine. (The Claims management companies - who are not lawyers and bring the whole compensation claim business into disrepute - and some of the solicitors undertaking no-win no fee cases - deal with cases on an assembly line basis and you will get a partially trained clerk rather than a solicitor or legal executive dealing with your case.) Given that the proposed defendant is rich, you will not need to worry about recovering any damages and costs you may be awarded. You need to check any no-win no fee agreement to ensure that there is not a claim for a percentage of your damages in the event of a win. As others have said, you have, generally speaking, 3 years from the date of the accident to bring a claim - that is actually to lodge it at Court. You need to be able to show that the person injuring you owed you a duty of care in all the circumstances, whether as a driver, a property owner or as a joint participant in some activity together or in some other way, was in breach of that duty and that you suffered personal injury and, perhaps but not necessarily, financial loss as a result. A Court will take into account whether you have in any causative way been careless of your own safety and reduce your damages proportionately if you have. Even quite trivial injuries can attract reasonable sums - indeed the trivial injuries often seem to me to be better compensated than really serious ones. (For instance up to a year's pain from whiplash with not long term effects might get £3,800 whereas loss of sight in an eye would get up to about £48,000.) The general rule however with any litigation is only to undertake it if you have a good case, your opponent has money or is insured, and you can stand the inevitable strain imposed by what is a stressful process or you have no alternative because the injury you have suffered is so severe it has changed your life. It is also worth remembering that just because somebody apologised for injuring you does not necessarily mean that they were, in legal terms, in breach of any duty to you.

Glumglowworm · 30/07/2018 09:52

You’re obviously gonna do it anyway so not sure why you bothered posting

But don’t try and convince yourself it’s not petty revenge because it clearly is.

MarthasGinYard · 30/07/2018 09:55

It's petty revenge because you've 'fallen out' and you know he's wealthy.

A bit off IMO but sounds like you are determined

Oysterbabe · 30/07/2018 09:58

If the millionaire ex friend instructs decent solicitors they may argue that the OP hasn't incurred costs and it's all been exagarated through spite.

She doesn't need to have incurred costs. If she can prove that his negligence caused her broken elbow she'll be entitled to a decent award. The JC guidelines for an elbow fracture are up to about 8k, although obviously it depends on the complexity of the injury and many will get a fair bit less than that.

Mummyoflittledragon · 30/07/2018 10:25

He has money. It sounds as if you don’t. You could rip yourself to shreds, have a lot of people turning against you even hounding you. You either feel he was contrite and helped you out enough at the time or you don’t. Don’t do this just because you’ve fallen out. Think very very carefully.

What happened? People need specifics to discuss this with you.

Fatted · 30/07/2018 10:28

DH did but it was an accident at work. He didn't feel bad about suing his company. There was a person responsible as well who he could have sued as well but advice was from his solicitor if they didn't have insurance he'd never get the money. DH also felt bad about going after the person as well because it was more the company to blame.

birdladyfromhomealone · 30/07/2018 10:35

How did he cause you to break your elbow?
That's why he is a millionaire cos he wont use his money to buy a sat nav cable.
Look after the pennies and the pounds look after themselves.
Saying that this sounds a bit petty after all you werent bothered at the time.
I lost my eye because a doctor cut me in the wrong place in an op, did I get compo NO
A broken elbow repaired my eye and sight are gone forever.

SavannahSky · 30/07/2018 10:43

How much do you want?

IamtheDevilsAvocado · 30/07/2018 12:50

Loads of others are crying immorality... Etc etc... THEY weren't the ones that suffered loss...

It sounds that it was exactly BECAUSE they were friends she didn't claim on insurance...

The 'harmer' may well have used this.

They are no longer friends - op has lost use /pain and presumably salary.

Claim... Speak to a solicitor.

Joe66 · 30/07/2018 12:55

Claim, but use a solicitor on a no win no fee (conditional fee arrangement, CFA).

Bibesia · 31/07/2018 07:56

People who start crying "compensation culture" are really weird about these things. If his negligence caused you what is, on any interpretation, a pretty serious injury, and if it was less than three years ago, there is no reason on earth why you should not claim. Other issues apart, a broken elbow is going to carry on causing some problems for the rest of your life - arthritis is virtually inevitable.

However, you may have problems in practical terms in actually proving negligence unless the facts were clear cut and there were witnesses. You probably need to have a preliminary chat with a solicitor about this.

Shortstuff08 · 31/07/2018 08:10

IamtheDevilsAvocado

Yes but she laughed it off at the time. At no point has she mentioned huge losses. She wouldn't have been laughing if it left her at a huge financial loss or any financial loss.

Bibesia · 31/07/2018 13:38

It doesn't really matter whether she had financial losses, she's entitled to claim damages for pain and inconvenience, to include something for long term consequences such as arthritis and diminished use of the arm. There are highly likely to have been various expenses involved in getting to hospital appointments, being unable to drive, and being unable to carry out various other normal day to day activities.

HollowTalk · 31/07/2018 13:47

I don't understand - are you going to sue him personally, rather than go through his (eg car) insurance?

Marylou2 · 31/07/2018 13:55

Some harsh responses here OP. You sustained an injury due to negligence. You didn’t make a claim as you didn’t want to upset a friend. That person has now cut you off for no real reason. Get your claim in now and good luck to you. I don’t see this as part of a “claims culture” at all. Hardly a made up whiplash injury type claim.

NameyMcnamechanges · 31/07/2018 14:35

Ignore me name change test.

123Turner · 16/10/2018 16:16

Hello there all

I’m really new to all this but I was told to go through this page for help and advise.
Ok so this is in relation to an accident that involved my little boy and school and my LB also has an EHCP and this school temp took his needs and care on until he went into a special needs school, nowbeing that he had only been there 2 weeks he had faced 2 incidents and the 3rd being put in A&E due to a trauma he had suffered and to the point I had removed him from the school, no because of it being a Severe injury he suffered on school premises.
How do I go about placing a small compensation injury claim into the school ? Do you feel the achool may have the forms to claim ? I spoke to the County Council and this is what they advised me to do but the Head of School seems baffled about this form ? Can anyone shed some light about the procedure of claims for school

Many thanks

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