Fatal Road Accident Claim By Son And Family For Death Of Father

Find out in a fatal road accident claim question when a son and other family members can claim for the death of their father in a road traffic accident.

We explain the types of fatal accident claim you can make, which family members can claim compensation depending on the type of loss claimed and how to ensure payment of compensation from the motor insurer or the Motor Insurers Bureau.

Fatal Road Accident Claim Question

My dad was recently killed in a car accident in London. He survived the crash for a couple of days before he passed away from his injuries. The driver of the car that killed him is currently awaiting a criminal trial.

I am 28 and have lived with my parents all my life.

This has understandably caused irreparable pain and heartache for my whole family.

How do my family and I make a claim following my father’s death in a road traffic accident?

Fatal Injury Compensation Solicitor Response

Before you and your family commence a claim for compensation you should consider the different types of fatal accident claim you can make, what you as an adult financially dependent son can claim, which other family members can claim and how the motor insurer of the person at fault pays compensation.

What are the types of fatal accident claim you can make?

There are two main types of compensation claim that can be made for a fatal accident.

1. Claims by your deceased father’s estate

Because your father survived the road accident for a period of time before passing away – his estate can make a claim for his pain and suffering and financial loss during this period.

The test is – would your father have had a claim for personal injury compensation had he not been killed? If the answer is yes (which it would seem to be given the other driver is being prosecuted for a driving offence) – then his estate would have a claim in his absence.

The type of fatal accident compensation will include – funeral expenses (funeral expenses could alternatively be claimed by your father;s dependants) and the pain and suffering plus financial loss of your father from the date of the car accident to the date of his death.

2. Fatal accident claims made by the bereaved and dependants

Fatal accident claims can be made by the bereaved and those dependent (most typically financially dependent) on the deceased.

Bereavement loss compensation is currently set by statute (section 2(A) Fatal Accidents Act 1976)  at £15,120 in England and Wales.

The amount that can be claimed for dependency is determined on a case by case basis and not set by statute.

Who is entitled to claim and what can be claimed is best determined following a detailed conversation with a solicitor.

Look out – the classification of individuals entitled to bereavement loss is quite limited in England and Wales. Whereas a wider group of family members and other individuals may be entitled to claim for dependency loss.

Be aware – who is entitled to claim and what you can claim can vary widely in the different legal jurisdictions that make up the UK. Notably, Scotland is typically more generous when it comes to fatal accident compensation payouts.

What is the UK law dealing with death in an accident?

There are two main pieces of law that describe the types of fatal accident claims that can be made, which we have set out in our fatal injury compensation article.

Does the motor insurer of the driver at fault pay fatal accident compensation?

If the driver who caused the fatal car accident was insured – his motor insurers should deal with the compensation payment for your fatal accident claim.

If the driver was not insured or cannot be found – the Motor Insurers Bureau should pay you and your family’s compensation.

Do you need a specialist solicitor to help you claim?

Fatal accident compensation claims are notoriously difficult and require specialist expertise to ensure both the claim succeeds and the correct award of compensation is achieved.

See our article explaining how to choose a specialist personal injury solicitor.

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