Personal Injury Claim - Motor Accident - Elderly Mother

[dizco]

My mother was involved in a car accident at the weekend. She's 89. A family friend had picked her up to go to my sister's for Sunday lunch.

They arrived at my sister's close and were in the turning circle getting ready to park, when the driver inadvertently put her foot on the accelerator rather than the brake, and the car ploughed into two vehicles writing them off. She has also written off her own car. Insurance details were exchanged with the owners of each vehicle.

My mother is currently in hospital with a fractured sternum and a herniated bowel. The driver came away unscathed.

I have a question about how we would pursue a personal injury claim?

Would this be possible through the driver's insurance or would we need to approach a specific organisation? I want to ask the driver for their insurance details but want to make sure I'm taking the right approach.

Best, Chris

[des8]

Trust your mother is making a good recovery.

As the driver is obviously liable and her insurers will have no choice but meet any reasonable claim, and the cost of making it, I would suggest you (on behalf of your mother) instructs a solicitor to act on her behalf.
Find one who is used to dealing with personal injury claims caused by RTAs.

They will know the level of compensation due and will take all the stress and strain of dealing with it, whilst you can concentrate on your mother.

[echat11]

Choose a lawyer who isn't part of 'No win, No fee' sector.

[dizco]

Thank you both. I really have no idea how I would go about finding the right solicitor that isn't 'no win no fee'. Any pointers would be gratefully received.

[echat11]

Thank you both. I really have no idea how I would go about finding the right solicitor that isn't 'no win no fee'. Any pointers would be gratefully received.

You could try 'Just Beagle' link on the right of the screen. Clearly your choice to use or not to use..

[Manxman]

Choose a lawyer who isn't part of 'No win, No fee' sector.

Is that necessarily good advice? If, for example, the OP (or rather their mother) can't afford* to engage a solicitor on a fee-paying basis, then they may have no choice but to go NWNF.

I'd only go on a fee-paying basis if I were 100% sure of winning anyway.

*My wife and I are reasonably comfortably-off middle class and I doubt we could afford to pay a solicitor to act for us, win or lose...

[echat11]

Is that necessarily good advice? If, for example, the OP (or rather their mother) can't afford* to engage a solicitor on a fee-paying basis, then they may have no choice but to go NWNF.

I'd only go on a fee-paying basis if I were 100% sure of winning anyway.

*My wife and I are reasonably comfortably-off middle class and I doubt we could afford to pay a solicitor to act for us, win or lose...

I'm thinking of a fixed fee solicitor. No win, no fee tend to be 'mechanical' admin types, paralegals, that take a huge chunk and offer very little.

[Manxman]

You may need to clarify for the OP that you mean fixed fee then...

[echat11]

You may need to clarify for the OP that you mean fixed fee then...

The 'Just Beagle' search engine states the following - 'Search and Compare fixed fee legal services and find a solicitor near you.'

[Manxman]

Yes - but that wasn't made clear in #3

[nrclawus]

The driver is responsible for the accident and must be held liable for the same. The driver’s insurer will have to settle the claim, but the process can be quite intimidating. That’s why I would recommend you hire a personal injury lawyer who has expertise in personal injury cases to get the entitled compensation. He will explain to you in detail about the case, arrange the documents on your behalf and represent your case fairly.

[dizco]

Hello All

After a lengthy protracted process, LV Insurance have finally reached a figure for the claim. This is £4K and this was given over the phone. My mother spoke to them and said she wanted time to think about it and discuss it with me. I've since asked them to put it in writing.

Over the course of the last few months, they have had access to my mother's medical records and sent out a legal assessor to talk to her about her life before and after the accident. This report was then sent to LV and shared with my mother.

The main points:

- Mother sustained Chest injury, abdominal injury, and injury to right leg. She was admitted to Hospital, X-Ray and scanned and diagnosis was acute depressed sternal fracture. She spent two weeks in hospital. Abdominal injury prevented stoma from working for a few days, but this resolved. Leg injury caused bruising but no fracture.

- As of today, chest pain appears to have resolved, but she has shortness of breath and still reports ongoing symptoms. She is unable to return to regular walking outside of the house and has difficulty with day to day activities: washing, dressing, cooking, cleaning etc. She is also suffering from sleep disturbance.

- Causation: Legal guy concluded that sternal fracture, abdominal injury and leg injury were directly attributable to the accident. General washing, dressing, sleep disturbance issues etc were not.

There is little to no mention of how this has affected my mother mentally. She no longer feels comfortable getting in a car. She has since sold her own car, and she still struggles with everyday tasks, and won't leave the house.

We will be contesting the amount offered. This is where I'm a little unsure of how to proceed. I guess what I want to do is get them to justify the offer they are making. Emotionally this has hit my mother hard and I don't think this has been adequately considered.

Any advice on how we might be able to negotiate a higher offer would be much appreciated. I'd also like to understand more about whether we should go it alone at this point, or what advice / services are out there that would help us secure what we feel my mother deserves.

Thanks for reading.

[des8]

As suggested in post 2 find a solicitor.
The breakdown of how compensation levels are computed is far from simple (https://www.apil.org.uk/compensation) and you need to consult the current edition of the judicial college guidelines

[Manxman]

Did you not engage a solicitor? There are personal injury specialists because... well... it's a specialist area...

Were you put off by the "don't choose a no win no fee solicitor" comment?

[dizco]

Thanks - I see that APIL is a not-for-profit association. Does this mean the service is free?