Claim Compensation For Injury / Vehicle Damage: Parked Car Hit By A Drunk Driver
In this article – we look at a Q&A relating to a claim for personal injury (both adult driver and children passengers) and vehicle damage when a car parked outside the family home is hit by an uninsured drunk driver before the family have left the vehicle.
- Claim Compensation For Injury / Vehicle Damage: Parked Car Hit By A Drunk Driver
DESCRIPTION – Parked Car Hit By Uninsured Drunk Driver Causing Driver And Passenger Injury / Vehicle Damage
I was parked outside of my house with my wife as a front seat passenger. My two children aged 10 and 5 were rear seat passengers. We had just pulled up and were chatting before getting out of the car.
All of a sudden out of nowhere our car was violently thrown forwards. I looked up to see a car careering down the road, hit another car and then disappear around the corner.
My wife and children were in pain, so I called an ambulance and the police. The police arrived first and explained that they had already caught the driver who was drunk. We later found out that he had borrowed his friend’s car without permission and was therefore not insured to drive the vehicle.
My wife, children and I were taken to hospital. Both of my children were diagnosed with lower back pain due to an injury to the lumbar spine. My wife had a cracked vertebra in her neck and cervical spine and I was diagnosed with a broken arm.
My car is a write-off, but I was only insured third party fire and theft.
Is it possible to claim compensation for my vehicle damage and the injuries to myself and my family as the driver was not insured?
Q&A Short Form Answer
Q: I was parked with my wife and two children outside of our house when we were hit by an uninsured drunk driver - car we claim compensation for injury and vehicle damage?
A: "Yes" - you can claim for your family's injuries and vehicle damage. Although you might initially believe the drunk driver was uninsured - this could be due to the motor insurer attempting to avoid responsibility. Perhaps claiming a breach of the policy holder motor insurance terms due to the driver being intoxicated. However, in this instance the motor insurer can be made to pay compensation for the your family's injuries. If there was no insurance at all on the vehicle - then a claim could be made against the Motor Insurers Bureau. The MIB being responsible for satisfying claims for uninsured and untraced drivers.
DETAILED ANSWER – Road Accident Solicitor Response
Drunk drivers will often flee the scene without leaving any details. Unfortunately, it is all too common that the driver is not insured.
Claim from the motor insurance of the car owner
When you seated in a parked car and are hit by a motor vehicle – you will be are entitled to claim compensation for injury. Your claim will include compensation for you and your family’s pain and suffering – plus vehicle damage and other types of financial loss.
Any claim should be settled by the motor insurer of the legitimate car owner (even though it appears the owner was not the drunk driver).
Alternatively, if there was no insurance on the vehicle – a claim could be considered via the Motor Insurers Bureau (MIB).
Motor Insurers’ Bureau Claims
The Motor Insurers Bureau has two schemes for payment in road accidents. This includes all manner of road accidents including passenger injury in a parked hit by a a drunk driver. The two schemes are:
- Uninsured driver’s scheme – paying compensation when a driver was not insured (there was no motor insurance on the vehicle).
- Untraced driver;s scheme – compensation when the driver leaves the scene without providing details (or provides false details). The registration number was not recorded or a false plate was used.
Choose the correct solicitor to help with your claim
When involved in a drunk driver car accident – it is extremely important that you select the correct specialist road accident solicitor to contact to make your claim.
Dealing with the MIB is not a straightforward process.
Legal Protection
You should first check if you have legal protection cover on your motor policy.
Calculate the amount of compensation you can claim
Calculating compensation payouts largely depends upon the severity of the injuries as verified by an independent medical expert.
Some changes in the law on 31 May 2021 apply to whiplash type injuries for adults. However, largely these do not apply to children for injuries you have described.
Your solicitor will select an appropriate expert and arrange for your GP and hospital notes to be provided together with an examination of you and your family.
See our detailed compensation claim calculator for all manner of road accident and parked car injuries.
Claims for child injury in parked cars
When a child is involved in an accident – the claims process compared to an adult is slightly different and children are not subject in the same way as adults are by the new road accidents small claims rules.
Guide to claiming against drunk drivers
Our drunk driver claim article sets out how you can claim against a driver who is drunk. high on drugs or intoxicated with medication.
FREE Legal Help
We offer free legal and help and assistance if you are injured in accident – whether that be in a parked car or not.
You can call direct to speak with a specialist solicitor, ask a question and have you parked car injury claim assessed.
