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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To want to claim on friends insurance?

76 replies

mrssmith45 · 18/01/2022 12:31

So my ds - 17 was is a car accident where his friend was driving. They grew up together and I am friends with his parents. His dad has called today and asked if we wanted to claim in his insurance for his injuries. My first thought was no, but after speaking to a few people they seem to think we should. He was in hospital for 2 nights and has a broken rib and bruising. He has to have 2 weeks off college and work and also missed an important assessment. I just wanted to know peoples thoughts on this please. They have said it won't affect his friends insurance, my partner thinks it's a bad idea as it will ruin their friendship.

OP posts:
TheFormidableMrsC · 18/01/2022 13:02

Yes I absolutely would. This is exactly what insurance is for. This happened to a friend of mine after she was seriously injured in a car crash where she was a passenger (it was another drivers fault). She received a large sum in compensation and rightly so. The accident changed the entire path of her life.

fairylightsandwaxmelts · 18/01/2022 13:04

He should claim - he ended up in hospital and needed time off work. This is exactly what insurance is there for, surely?!

MatildaTheCat · 18/01/2022 13:05

Yes, 100% and you are entitled to use a personal injury lawyer of your own choosing, it doesn’t have to be the one appointed by the insurers.

The reality is that the insurers will probably make an offer that’s time restricted and if the injuries and losses are covered by this it makes sense to settle quickly but ONLY if you’ve had medical advice that your son isn’t going to have long term problems.

My DS was very very briefly crushed against his own car by someone reversing and injured his leg. Within 48 hours he was offered £3k if he accepted wishing 24 hours. He accepted. He was very bruised (one leg only) but it was ok withinn a couple of weeks and no time off work.

If you decide to take it further be prepared for a lengthy and possibly intrusive process if the claim is defended (ie the insurers think the claim is inflated).

Good luck and best wishes to your son.

PS be very clear with the other parents that this is not at all personal and accidents happen. Assuming their DS isn’t an idiot in which case…

skyeisthelimit · 18/01/2022 13:06

I would claim for any loss of earnings, physio/medical treatment, and damage to clothing or any other property. Your son is perfectly entitled to claim for this and is doing nothing wrong.

PugInTheHouse · 18/01/2022 13:08

100% claim as he has lost earnings, I agree with pp, you never know the long term impact either. Its not like you are trying to claim thousands for a made up injury, it is genuinely to get back £ he has lost.

Flipflopblowout · 18/01/2022 13:08

Claim, claim claim, you don't know if there may be any long lasting effects from this that don't materialise for a number of years down the road. Get this on paper as soon as you can. I think that the other dad has been very generous with you.

daimbarsatemydogsbone · 18/01/2022 13:09

Any claim depends on the circumstances.

Just because someone is injured "through no fault of their own" doesn't mean they get an automatic payout.

It will depend if the driver or another driver was negligent in the circumstances.

YesThisIsMe · 18/01/2022 13:09

@madisonbridges

Won't there be an excess on the policy, so will the money actually come from the insurance or the father?
No you don't pay an excess on a third party claim.
CuriousaboutSamphire · 18/01/2022 13:10

Yes, claim. The dad is being sensible and making it easy for you to do so, rather than not because they are friends.

So get some advice, gather up your interim estimates and make a claim for injuries, loss of earnings and see what is needed for any future treatments. As @MatildaTheCat said, do it quickly and only if there has been no medical advice that he will need a lot of ongoing treatment, have ongoing issues.

PassingByAndThoughtIdDropIn · 18/01/2022 13:16

And yes of course you can claim for "mere" pain, suffering and inconvenience. Why on earth do people on MN always say you shouldn't be able to?

For those who say you shouldn't - how much would someone have to pay you in order for you to willingly let them swing a baseball bat at you and break your rib? Just your loss of earnings and taxi fare to the hospital? And if you're unemployed and can walk to A&E you wouldn't want anything?

BashStreetKid · 18/01/2022 13:17

@HollaHolla

Has he had to pay for physio/taxis/etc.? That was what I could claim for, when another car ran into my side, and broke my ankle. There wasn't any option to claim because I missed out on things. The hospital bills the insurance company (usually via the policy holder), so that is usually covered too... I remember being charged for x-rays, and I think for the plaster/staff time.
You were very badly advised if you thought you couldn't claim. You could have claimed for pain, shock and inconvenience, plus any further losses such as extra costs of travelling etc while your ankle healed, journeys to hospital for checkups etc. You should also have got advice on your future prognosis - ankle injuries unfortunately can have long term consequences in terms of limiting some of the activities you can undertake in future, and substantially increasing the likelihood of arthritis when you get older.

If it's less than three years since your accident, I suggest you contact a reputable solicitor immediately with a view to starting a claim.

Original poster
mrssmith45 · 18/01/2022 13:25

Thank you everyone.

So do we claim through one of these "had an accident that wasn't your fault" things or through his friends insurance. Like I said I've never had any dealings with insurance claims before so I have no idea what to do!

OP posts:
CuriousaboutSamphire · 18/01/2022 13:29

Start with the CAB advice. See what suits you best

www.citizensadvice.org.uk/law-and-courts/personal-injuries/

girlmom21 · 18/01/2022 13:30

Claim through the insurance. If you do an accident claim line type thing you'd essentially be taking his friend to court wouldn't you?

sweepthenmop · 18/01/2022 13:31

Of course you should claim. That's what insurance is for. It's not personal

PearPickingPorky · 18/01/2022 13:40

@mrssmith45

Thank you everyone.

So do we claim through one of these "had an accident that wasn't your fault" things or through his friends insurance. Like I said I've never had any dealings with insurance claims before so I have no idea what to do!

Yes, you instruct (well, your DS does, is he an adult?) your/his own solicitor, who will then deal with your DS's claim from start to finish. The solicitor will deal directly with the insurer (or the insurer's solicitor).

Your DS can claim for lost earnings, pain and suffering from his injuries and any additional out of pocket expenses he has (medication, travel to hospital or physio appointments, etc) that he has as a result of the injuries caused in the accident (assuming the friend's negligence caused the accident).

It won't make much difference to his friend's insurance as there will be a claim on his policy for the damage he caused to his own car and whatever he hit anyway, and insurance is, quite literally, for exactly this purpose.

PearPickingPorky · 18/01/2022 13:44

@girlmom21

Claim through the insurance. If you do an accident claim line type thing you'd essentially be taking his friend to court wouldn't you?
Not really. Assuming there is no dispute over liability between OP's son and the driver friend, this will be between the DS's solicitor and the friend's insurer.
CaptainCarp · 18/01/2022 13:44

Claim through the friends insurance.

Was the friend at fault or was there another driver involved?
The dad might be telling you it won't affect the premium so that you don't feel guilty about making a claim. That is what insurance is there for though!

girlmom21 · 18/01/2022 13:46

@PearPickingPorky if they're only dealing with the insurer anyway what's the difference? Unless his friend doesn't have legal cover on his insurance - then it'd cause him more problems surely?

It's easier and simpler for everyone to just go through the insurance.

HollaHolla · 18/01/2022 13:47

Thanks, @BashStreetKid - this was about 20 years ago, so I can't go back now. From memory, I got about £2k, which was a lot then!

fabulousathome · 18/01/2022 13:52

Years ago my Mum claimed against my Dad who was driving her. The car had a mechanical failure and wrapped itself around a lampost.

My Mum had to pay for cleaner and childcare as she had broken ribs and a broken jaw. Also lots of dental work needed doing.

No animosity, just a practical solution after an accident.

LarryTheLurker · 18/01/2022 13:54

This seems to be so widely misunderstood. The claim is not 'on the friend's insurance' but against the friend, whose negligence caused your son loss and damage but who will be indemnified by his insurers.

The third party insurers owe your son no duty to pay him a fair sum in damages and will try to get away with paying out as little as possible. You want your own solicitors, and avoid the ambulance chaser types who don't work for a fee but take a slice of any award, thus reducing the amount your son receives.

You will also want medical evidence in the form of a doctor's report confirming the injuries and evidence of any consequential loss - earnings, taxis to physio etc.

daimbarsatemydogsbone · 18/01/2022 13:54

@girlmom21

Claim through the insurance. If you do an accident claim line type thing you'd essentially be taking his friend to court wouldn't you?
You don't have to go to court - but if your claim wouldn't stand a chance in a court, you don't have a claim.

The insurance the driver has is against being legally liable to others.

A lawyer may secure more money, but they will need to be paid too.

Whereismumhiding3 · 18/01/2022 13:55

Yes absolutely claim. Your son can claim personal injury money and also lost wages . It won't be insignificant. Get the insurance details and start the claim , insurance company will arrange Medicaid and ask to see evidence of lost wages. Two nights in hospital brown ribs and 2 weeks off work so far is not insignificant

I can't tell if it was the friends fault (who was driving) or the other party's. However the dad rang you to ask this so he is giving you the go ahead anyway. He sounds a decent friend.
You ain't fall out over it as the insurance company will deal with it. Friend driver will be involved very little. If it was his fault he'll have a claim against him anyway for the damages. Personal injury will just be part of that.

Original poster
mrssmith45 · 18/01/2022 13:58

It was his friends fault as there was no other driver involved. Thank you all so much. This has really helped.

OP posts: