Settlement after loss of loved one

[DownstairsMixUp]

IMPORTANT: I have asked these questions to solicitor but it's sometimes slow to get an answer. This is purely therapeutic for me and because I can't take my mind off it. Please rest assured I have the proper channels.

I wondered if anyone could help me.

My dad was killed in a hit and run last year, two people raced through a red light, as one went to over take the other, they hit my dad and he died instantly. Both left the scene. One we had a clear photo of ans after 3 days he handed himself in. He was the one that collided and is now in prison.

My solicitor says the police won't file a report for them till the investigation is closed. They won't close it as they want to charge the other man. Why is this taking so long? I can't bear it hanging over me anymore. This happened in April 2020. The solicitor says it is better to have the other man charged as it would mean a larger settlement. Why is this? Wouldn't we only be able to settle with one insurer? They are always so busy and takes ages to get a reply

My dad was only 57 and an only child to his mother who he helped to look after so now this is down to me and my brother. We aren't bothered about a large settlement we just want some money to help care for our Nan. Her mobility is getting worse and I worry we will need extra help soon as me and my brother both work full time.

I am so sorry for your loss and can appreciate why you just might want the latter closed.
However, please don’t underestimate how much it might cost to provide help for your Nan long term. If the money might be available you should get it, I am sure your Dad would want you to have it.
Obviously you would rather he was here but sadly that’s not possible so please accept any money you can, for your Nan if not you.

OP I'm so sorry for your loss. I've acted in the past for a few families who lost loved ones in car accidents and it is devastating.

I'm also sorry you're not getting a good service or clear explanation from your solicitor. Can I ask a couple of questions please, firstly did the accident happen in England/ Wales? Do you know if both drivers were insured? Or only the one who is yet to be convicted? In terms of that driver do you know if he has been charged by the police, and if not have the police given any reason for the delay, is he a non UK national who may now be abroad for example?

If there's an insurer identified and they've admitted liability (which would be hard for them to avoid given the driver has been convicted of causing death by careless/ dangerous driving) I can't see why they are not dealing with your dad's claim now. If it's suggested both drivers are responsible then I suppose they could be seeking to be split the cost of the claim between them but in that case they shouldn't have admitted liability.

I know that fatal accident claims can take a while to put together as there are a lot of financial calculations that have to be done for any dependency claims (basically anyone who was relying on the person who died for financial support or care) but even so your solicitor should be giving you timescales and telling you what happens next or what the various options are at every stage.

Based on what you've said OP I'm not quite sure what's causing the delay and that suggests to me your solicitor is not keeping you properly informed. How did you instruct them, was it through a legal policy or are they just a local firm? I would honestly give serious consideration to instructing a different firm to act for you. It might cause an initial delay (while the new solicitor gets copies of all the docs/ gets themselves up to speed) but the new firm should then give you clear info about what's happening, why any delays are occurring etc on at least a monthly basis if not more often.

If you don't want to change firms, you could make a complaint and (if the current firm is big enough) they could transfer your case to a different person who would hopefully keep you better informed.

If you are thinking of changing firms, the Law Society website can give you details of firms by area or specialism. I am slightly reluctant to recommend firms but 2 I know that are highly regarded in the PI field are Stewarts Law and Anthony Gold. I've no personal connection with either btw.