Car Accident Claim: Driver At Fault Can Passengers Claim Compensation?

Wednesday, August 16th, 2017

Car accident solicitor explains why a driver at fault cannot claim compensation for personal injury – but how the passengers in the vehicle can make a claim.

Driver At Fault’s Car Accident Question

I was driving my car from Leeds to Scarborough with my wife and two children as passengers. We had passed York and where travelling on the A64 approaching a set of lights. The car in front slowed down and I reacted a little late. Unfortunately – it was raining heavily and my car hit the car in front with quite some force.

An ambulance arrived at the scene as did the police and we were all taken to hospital. Between us we suffered bad whiplash neck injuries, lower back injuries, concussion, knee and wrist injuries.

Luckily the airbag gave some sort of protection.

My insurance was fully comprehensive. Is my insurance company right to say that I cannot
claim any personal injury, because I was the driver at fault?

Specialist road accident solicitor response

“Yes” – the insurance company is correct. You cannot claim for your own injuries if you were at fault for the accident.

The driver and passengers in the other vehicle would be able to claim from you and your insurer as would the passengers in your car, but unfortunately you as the driver (who is at fault) cannot claim for personal injury from your own insurer.

You would however be able to claim for your vehicle damage or write-off value (subject to a policy excess) plus all the claims made against you for the other party’s vehicle damage and personal injury would be met by your motor insurer.

Your wife and children would also be able to claim for personal injury and subsequent financial loss from you and your insurer. Since no doubt the other driver will already be claiming from you there would be little further effect on your policy for your wife and children to claim from you.

The sums that could be awarded for the injuries you have listed, including whiplash neck injuries, lumbar spine injuries, concussion, knee and wrist injuries could result in a significant claim. Please note any sums awarded for children would have to be retained in the courts fund office until the children reach the age of 18 years.

Also, as you are technically the party at fault – your wife would most likely be the best person to act as litigation friend for your children’s claim.

Online Road Accident Solicitors Assistance With Your Passenger Injury Claims

Should your wife wish to discuss making a claim for herself and your children –  please click car accident claims solicitor to speak to a specialist solicitor direct, make an online enquiry or arrange a specialist to call back.

Burn At Work Accident Claim

Saturday, May 27th, 2017

Burn Victim Accident Claim Question

I work as a kitchen porter in a restaurant in London. Last Saturday the chef asked me to put some plates in the dishwasher as I was picking the plates up close to the position that the chef was working the chef put some frozen food into a pan filled with oil. This caused the oil to explode out and burn my forearm.

The chef apologised and cold water and a bandage was applied. After I finished work, my forearm was causing me a lot of pain, so I went to A & E and was diagnosed with third degree full thickness burns.

I have been told this will likely a scar. The burn is quite large – 3 inches by 1 inch.

The chef and I both work for the restaurant chain.

Can I claim compensation for my injury and if so how can you calculate the amount of compensation my claim could be worth?

Work Accident Solicitor Response

From the description you have supplied it seems that the chef was negligent in attempting to frozen food into a pan of oil when you were close by.

Your employer is liable for the “torts of its servants” – in other words an employer is responsible for negligence of its employees.

On this basis – I believe you would have a strong claim for compensation from your employer.

To determine the amount of compensation your claim could be worth a process must be followed. A solicitor acting on your behalf will obtain a medico legal report from an appropriate medical expert. Here the most likely suitable expert would be a plastic surgeon. This expert will produce a report after having examined you and inspected your medical notes.

The report will set out primarily three things: what your injury was at the time of the accident; what your symptoms are at the time of the examination and very importantly what the future holds for your recovery as well as any likely ongoing disability and scarring.

Based on this report your solicitor can compare your injuries to those decided by the courts in the past for similar injuries and come to a range of values for your pain and suffering, known as general damages.

In addition – you would be entitled to compensation for all of your financial losses (both past and future) as a result of your accident. These might include: lost income, medical expenses, care and assistance in the home; disadvantage on the open labour market, etc. these losses are known as special damages and are added to general damages to give the overall amount of compensation you can claim.

To see an article I have written giving examples of compensation amounts for scarring click compensation amounts for scarring.

Medical Negligence Causing Mother’s Death During Child Birth: How Long To Claim

Tuesday, December 6th, 2016

Time Periods For Children To Claim For Fatal Clinical Negligence

Child Of Clinical Negligence Victim Question

My mother died at hospital whilst giving birth to me. I am 17 years old and I have only recently found out that there were some hospital errors which caused her death.

I was brought up by my grandparents – my father having passed away 6 months after my mother’s death. No claim was made at the time of my mother’s death.

Am I too late to make a claim for her death?

Clinical Negligence Solicitor Response

A claim for compensation for negligence has a statutory limitation period. This period sets out the maximum time period you have to commence a claim at court before it is too late to claim and you are statute barred.

At the time your mother died you were a baby and as such classed by law as a minor (under the age of 18 years). Usually there would be three years from the date of your mother’s death to make a clam – but as you were a minor you have three years from the date of your majority (18th birthday) to make a claim.

In other words – you have until your 21st birthday to commence a claim at court before it is too late to claim.

At 17 years of age you are still technically classed as a minor in England and Wales and as such cannot make a claim in your own right without an appropriate adult acting as a litigation friend and providing instructions on your behalf (at the age of 18 years you can provide instructions in your own right).

Please note that the age of majority varies from country to country in the UK. In England and Wales it is 18 years of age – in Scotland it is 16 years of age.

To see an article I have written explaining the three year rule in detail with exceptions to the rule – click how long to claim for personal injury.

To see the types and amounts of compensation that can be claimed as a result of negligence leading to death of an individual click fatal accident claims how much.

How to claim for fatal clinical negligence

It is important that you (or an adult who can provide instructions on your behalf, such as one of your grandparents) contact a specialist solicitor as soon as possible to discuss the circumstances surrounding your mother’s death to determine the possibility of making a fatal clinical negligence claim.

Click how long to claim for fatal clinical negligence to contact me direct to discuss making a medical negligence claim.