MIL hit by a car - how beat to claim on insurance

[Camelsinthegobi]

Hi! My MIL was hit by a car a few weeks ago and has some significant injuries which will affect her for at least a year - still in hospital now but coming out hopefully in a few weeks. Police were involved, eye witnesses say she stepped onto the road when she shouldn’t have, but police are looking at charging the driver with driving without due care and attention as they should have been able to stop. So, she has lots of costs due to the injuries and needs to claim on the drivers insurance. Are we best doing this directly with drivers’s insurance co or through solicitors? Any pitfalls to consider? Thanks!

Gah - how best to claim - of course!

If she thinks that insurance companies are going to want to give her a fair deal, and will pay out, from the outset, the maximum that a court is likely to award, then she might as well deal direct with them.

On the other hand, if she hasn't got a clue how damages are awarded, or how contributory negligence works, or if she thinks that the insurance company is going to try and get away with paying her as little as possible, isn't it a no brainer?

I'd go through a solicitor that specialises in personal injury claims. They will no doubt take a chunk as a percentage for themselves but negotaiting directly with the insurers yourself will cost you a lot more.

Has she got legal cover with her house insurance ? They might be able to help, though unsure if she can Claim if she did indeed step out in front of the car.

She needs independent adivce from her own solicitor

She needs to speak with her home insurance although he she stepped out in front of a car then I'm not sure why suing the driver is the answer. Granted all drivers need to drive with due car and attention but unless the driver wants speeding then I'm unsure why you think the driver is at fault here? Genuine question, not trying to be difficult, just not sure how the car is to blame?

When I was learning to drive i was told that any pedestrian in the road has a legal right of way and if hit by a car then it's legally always the car's fault.

Can't imagine that's true in all instances but that's what I was told!

Horrible thing to happen OP.

police are looking at charging the driver with driving without due care and attention

But not yet charged, and even further from a conviction. I'd wait to see what the outcome of the police investigation is first.

I'd wait. There is no confirmation that the driver was or could be held to any fault. An investigation is not a charge or a conviction. The only confirmed and established 'guilt' at the moment is your MIL's. If you dont want to wait- I'd contact a lawyer. Currently the driver hasn't done anything wrong and may be fully exonerated, given your MIL walked out in front of him, insurance may not be willing to provide much help at the moment. I hope she's ok.

If the driver is denying liability then she will need to have her own solicitor.

If she stepped into the road into the path of a correctly proceeding vehicle then she is likely to be up against a battle with the insurers own nominated solicitors, especially if an independent witness finds in favour of the driver. The words of the police officer will carry zero weight if they were not a witness to the accident itself, regardless of what the police report said.

Were there any other independent witnesses at the scene? Are there any shops nearby that have cctv that you can ask for footage?

With an independent witness in favour of the third party, and in view of the circumstances you describe yourself, liability is not going to be clear cut, as it appears that there was negligence on the part of MIL.

Two girls ran across the road into the side of my friends car. One broke her arm.
The police investigation found that my friend was not at fault.
The girls family tried to claim from a no win no fee solicitor. They didn't get a penny as they had ran across a very busy road without looking.
If your mil was at fault it is not ethical to claim, the poor driver is probably badly effected by this.
If he was speeding or at fault in another way that is different though. It depends on all the circumstances.

What is her intent in claiming? Totally monetary? Is she planning to use any monies awarded to make good detriment of the accident? Ie equipment, private treatment?

Thanks for all your replies. There were parked cars obstructing a clear view on her part, apparently. She will need a care package and equipment, different clothes etc when she gets home which she didn’t need before the accident and she has absolutely no money to pay for this. Will definitely consult a solicitor to find a way forward (no home insurance). Thanks!

Are you UK based camel well MIL really? Would she not get an initial package of home care on discharge free from hospital? Make sure there is some form of discharge planning from hospital to make sure she gets OT assessment for home. Unfortunately l do still think the onus would be on her to make sure she was crossing at a safe, clear part of the road. Interested to hear if am wrong!

How crazy that someone who didn’t look properly when crossing the road is trying to sue a driver doing what they are supposed to be doing. I appreciate there will be care costs but surely she should take some personal responsibility. No wonder car insurance costs so much.

Ffs people, it goes without saying the OP must be incredibly concerned about her MIL and the long term consequences of this incident. Ruding in on high horses to slate her MIL for any alleged fault on her part is insensitive in the extreme.

OP, best wishes to you and your mum-in-law.

It is feasible that the claim could succeed in part. This is because drivers have a duty of care to vulnerable road users. So, whilst it is the pedestrians duty to check before stepping out, it is the drivers duty to make sure that they give enough room and are capable of stopping.
Of course, if she walked into the side of a passing car, different matter.
Please go to a decent solicitor.