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Car Accidents Caused By Family Member: When you can claim compensation for injuries following a road traffic accident in which a family member or friend was driving the vehicle which caused the RTA
Car accident caused by family member: Discover what types of car accidents are caused by family members and friends, when you can claim, the special consideration if a child claim is to be made and how to obtain free online legal help assessing your road traffic accident.
What types of car accident can be caused by a family member or friend?
There are several different kinds of car accidents which can be caused by a family member or friend, which I have encountered as a practising solicitor. Examples include:
1. Parents driving a car with you and other family members as passengers when a collision occurs
This type of RTA is quite common. Clearly if the accident was caused by the other vehicle involved in the collision: all of your family, including your parent who was driving the vehicle, will be entitled to claim compensation from the other driver at fault.
Car accidents caused by family members
If the car accident was caused by your family member - you are a passenger and you are still entitled to claim from your parent who was in charge of the vehicle. In fact all of the passengers in your parent's car will be entitled to claim compensation as well as the driver and passengers in the other vehicle.
Do not feel bad - the driver of the vehicle, whether a parent or friend, will have motor insurance - which will pay all of the compensation claims. Whether you claim or not - be sure that the other driver and passengers will - so your additional claim will have no real effect on your family member's insurance.
2. You are a passenger in a vehicle and your family member or friend collides with a stationery object
In principle you will still be entitled to claim compensation, as the car accident was caused by a family member. However, if the circumstances are considered suspicious by the motor insurer - investigations may take place before a compensation payment will be made.
The reason investigations can take place is that there are many fraudulent claims attempted in the UK - in which relatives or friends crash a vehicle filled with passengers so that all of the passengers can make a claim.
If there was some form of collusion to conduct such an act - a criminal offence has occurred and it is very likely the driver's motor insurer will not pay compensation.
Insurance companies will be able to access a data base held as to suspicious accidents and claims made previously by certain individuals.
If however the accident was purely innocent - for example the driver lost control and skidded off the road - a claim would likely be honoured by a motor insurer.
Can a child make a claim if a car accident was caused by a family member?
"Yes" - if you are a child (under the age of 18 years) passenger in a car with your parent driving and an accident occurred - you would be entitled as any other passenger to make a claim.
One difficulty does however occur: for a child to claim compensation a parent or guardian must act as a litigation friend - providing instructions on behalf of the child. If the driver who caused the accident was one of your parents you should not have that parent act as your litigation friend as there will be a technical "conflict of interest".
In this instance - your other parent or a grand parent should act as your litigation friend and the claim can proceed as normal.
Click injury to minor to see all the pages I have written explaining how to make a claim on behalf of a child.
Summary Of Car Accidents Caused By Family Member / Friends
On this page you have seen the common types of car accidents caused by family members and friends and when you can claim compensation.
I recommend you:
Click car accidents caused by family member to access my website's free online legal help and find out whether you are entitled to claim compensation in car accidents caused by family members.