Accident compensation.

[triggers34]

My elderly parents have been badly hurt in a car accident which wasn't their fault. They are still in hospital but mum is close to discharge .
They were fully independent before but it's looking like they may need additional help such as stairlift / alterations to the house. My father may not actually walk again. Their insurance has legal cover though I'm not sure what this means yet. Im 600 miles away, how does this sort of thing normally get sorted out , should I seek out a lawyer , use one of the ambulance chaser type firms? I've been in touch with the insurance when the accident happened by email and just received a generic response , this was several months ago.

They are in their 80s so time isn't really on their side .

I've recently retired so I'm driving back and forth to support them could my cost of travel also be claimed for , I'd rather fly or train but it's so much more expensive.

when i had a car accident that wasnt my fault my insurance company put me in touch with a personal injury lawyer for me to persue a claim so you could ask them or just get a lawyer for them yourself

I'm so sorry this happened to your parents. I would start with your parent's insurance and push them. I assume you've had no claim, but has it been established as no fault?

If you struggle, get a solicitor, not an ambulance chaser but one that deals with multiple areas including no win no fee RTA claims. They can often give insurers a kick up the arse but they will obviously take a cut. However they can also organise interim payments for you parents IF no fault is definitely agreed by the other side.

The insurers should be dealing with this, get on the phone to them and raise a claim.

What country are you in? As they are badly hurt your parents will need an experienced firm of lawyers who specialise in serious injuries. Avoid the 'ambulance chasing' ones!

Based on my on experience, the insurer will want to appoint someone.

It is now nearly 4 years post injury for me and hopefully my claim will be resolved sometime next year - although it did take me a year to get the ball rolling. It hasn't been hard work mind - the lawyers have dealt with all the paperwork. PM me if you want to know who the legal team is - you may find that by getting in touch with an injury specialist - who will have to seek permission from your insurer to represent you - that this will get the ball rolling

Keep very good records and copies of any medical information and reports

and yes you will be able to add your costs to their claim - and not just fuel costs, you will also be able to claim for your time supporting them - albeit at minimum wage

If they had comprehensive cover, your parents' insurers will deal with the cost of repairs to, or the total loss write-off value of, your parents' car. Their policy may also include a bit of personal injury cover but this is normally limited in amount and scope (e.g. '£10,000 for the loss of a leg').

Assuming liability is not disputed, their claim for injuries will be against the person causing the loss and damage, the other driver. Your parents still have to claim - third party insurers are under no obligation to seek out claimants.

For this they will need a solicitor and guessing at the possible size of the claim they will want somebody good, not some 'no win no fee' merchant, who will take a large chunk of any damages (i.e. money) recovered. Their own insurers may recommend somebody but your parents are not obliged to accept the recommendation. Either way, they ought to be getting on with this ASAP.

You can try claiming for travel and associated costs (these could be added to your parents' injury claim) but I am less sure than Siezethefish that these will be met as they might not be considered a true consequential loss.

My claim includes costs for loss of income for my partner who had to care for me immediately after my accident. The defendant’s solicitor had already agree to pay costs including this one but not yet injury damages.

My insurance policy at the time had £25k of legal cover which is what I am using. You don’t have to have legal cover on your car insurance, just legal cover somewhere to start a claim. Your legal team will take their costs out of this cover meaning that provided it isn’t all used up, your parents will treceive the full value of the claim.

Thanks so much for the replies , this is all very helpful. I'm going to nudge the insurance again. The other driver was on the wrong side of the road and just as badly hurt as them according to the newspaper report I read. Of course it's all confidential so I don't know what happened to them.

OP the insurance should put you in touch with a PI Solicitor but please do not go for the no win no fee firms. The insurance company will likely need an update report from the Solicitors every few months. Wishing your parents well x

Just be aware that this may take years to sort and actually have the money at you disposal. Hopefully it won’t come to that but I would be planning on not seeing any money for a good while.

When you speak to the insurance, it's worth asking whether any interim payments can be claimed while the full valuation is being made. They will look at things like doctors reports and will want a full and complete view of costs and the final expected physical and psychiatric status of both parents before finalising the claim. All of that could take years if there is ongoing treatment needed, but if the other party has clear fault then interim payments can be made.

It sounds as if they have legal expenses insurance as an add-on to their motor insurance policy, is that correct? If so, then that's probably the best place to go, they will help sue the guilty party for damages.
Make a list of all your expenses. They can also claim for pain and suffering, I'm not sure about your expenses, but make a list anyway and lawyer can advise.

If they're in a major trauma centre, they often have a charity or organisation that will help with things like this.

In manchester it's MTSP - major trauma signposting partnership. They're quite good at getting access to things like enhanced therapy, forwarded partial payouts and the like when they're most useful - at the start of the recovery.

May be worth looking into.

@Loveisthere

OP the insurance should put you in touch with a PI Solicitor but please do not go for the no win no fee firms. The insurance company will likely need an update report from the Solicitors every few months. Wishing your parents well x

Ironically, the panel solicitor your insurer uses will also be a no win no fee firm for clients who don't have LEI!

People who slate no win no fee often don't understand the legal market and the reason why the government changed the law to allow law firms to deduct from clients' damages.

If you don't have LEI, your choice is find a solicitor (who is entitled by law to take a cut of damages), do it yourself or not bother claiming damages. 🤷‍♀️

When DH as a pedestrian was injured we contacted a local solicitor we found via the Association of Personal Injury Lawyers, and were able to meet with him to discuss everything involved with a potential claim. They take a defined % of the settlement, which is fine by us as they know what they are doing and have organised everything. It should be relatively straightforward, but we’re already 5 months in and it will be a while yet.

If your parents have LEI then my understanding is that they will refer you to one of their panel solicitors and the legal fees are covered up to the value of the policy.

In either case, solicitors won’t take the case on unless you have a reasonable chance of winning.

In the meantime, I’d keep a record of all the expenses involved in supporting your parents.

Most NWNF fee forms will match the terms of your LEI, so won't take any deductions. You've the right to choose whichever solicitor you would like, which is why that's offered.

Firms.