Major car accident - what happens next?
Discussion
Elroy Blue said:
As someone who had dealt with many, many fatal RTCs, the best person to direct your questions to would be the FLO. If they don't know something, they can usually find out. They will keep you up to date with the investigation through regular contact. The difficult bit is that an FLO still has to do all their regular Police work, so it may take a day or two before you get the answers you're looking for.
+10000what a terrible situation and my sympathies to you all.
I am dealing with a similar PI claim at the moment and just wanted to give a few bits of advice.
1. It may be a long claim. The physical injuries will probably heal before the psychological problems and that is understandable.
2. You have until the child is aged 21 to bring and settle a claim, so no rush.
3. I would start the claim against your Brother's insurers and they can then claim against the other driver (or your solicitors can then claim against them). If there are issued with a slippery road, defective vehicle etc that caused the other driver to lose control it could take a long time and you do not want to get involved in all of that.
4. if your brother insurers start to deal with the matter (any passenger is entitled to make a claim against a driver of the vehicle that they were a passenger in) they can start to arrange any private medical treatment or counselling, as necessary and ASAP
5. if a PI claim is settled before the child is 18, a Court Hearing will take place that you will have to attend with the child and the Judge will have to be satisfied that the settlement is fair and the money will then be invested until the child is 18. Interim payments can be requested for whatever reason at the hearing and in the meantime
All the best
Ian
I am dealing with a similar PI claim at the moment and just wanted to give a few bits of advice.
1. It may be a long claim. The physical injuries will probably heal before the psychological problems and that is understandable.
2. You have until the child is aged 21 to bring and settle a claim, so no rush.
3. I would start the claim against your Brother's insurers and they can then claim against the other driver (or your solicitors can then claim against them). If there are issued with a slippery road, defective vehicle etc that caused the other driver to lose control it could take a long time and you do not want to get involved in all of that.
4. if your brother insurers start to deal with the matter (any passenger is entitled to make a claim against a driver of the vehicle that they were a passenger in) they can start to arrange any private medical treatment or counselling, as necessary and ASAP
5. if a PI claim is settled before the child is 18, a Court Hearing will take place that you will have to attend with the child and the Judge will have to be satisfied that the settlement is fair and the money will then be invested until the child is 18. Interim payments can be requested for whatever reason at the hearing and in the meantime
All the best
Ian
Zod said:
How utterly dreadful!
You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
My friend Zod - how could I forget you!You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
Duh.
Can you think of anything I missed. mate?
I, as others, am very sad to read your post and can only imagine how deeply this must have shaken your tree and that of your family including your wife. Major respect to her for how it sounds like she is dealing with things as she is going to have to deal with most of the practical issues for many years to come. Takes a big person to stare that in the face and say bring it on.
1. Listen to Soovy. Take up his offer.
2. I am nothing to do with PI or even close so I offer no legal advice. I would suggest that in terms of any payout in relation to the child's injuries you do not look for a lump sum. Continual assessment both physical and mental with payments as appropriate throughout. Whilst an 'offer' of (say) £500k now in full and final might be attractive in two years time it could be way under (or over) the true value of the claim.
1. Listen to Soovy. Take up his offer.
2. I am nothing to do with PI or even close so I offer no legal advice. I would suggest that in terms of any payout in relation to the child's injuries you do not look for a lump sum. Continual assessment both physical and mental with payments as appropriate throughout. Whilst an 'offer' of (say) £500k now in full and final might be attractive in two years time it could be way under (or over) the true value of the claim.
RSoovy4 said:
Zod said:
How utterly dreadful!
You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
My friend Zod - how could I forget you!You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
Duh.
Can you think of anything I missed. mate?
I think you've got it covered. My main concern was to advise going to a real, established firm of solicitors who will care about the right result (which is a complicated matter, as you set out) for the OP and the little boy, rather than a quick buck for themselves.
Zod said:
Fair enough to forget me as it's not my area.
At least he even mentioned you 
Zod said:
I think you've got it covered. My main concern was to advise going to a real, established firm of solicitors who will care about the right result (which is a complicated matter, as you set out) for the OP and the little boy, rather than a quick buck for themselves.
100% agree. You will be spending a lot of time and (other people's) money with the solicitor over the next few years so make sure it is a good established firm with people who know what they are doing and who talk your language as well as legalease.To be honest I would have thought that BV72 might well know a few people to talk to or can certainly enquire for you if you ask nicely. He is one of the few you can fairly much bank on their advice being sound if given (this does apply to others but not relevant here!)
valais said:
^^^^
Listen to this man. There are a few true legal eagles here, and captain Soovy is one of the best.
Agreed, Soovy is a top chap, I have personal experience of his helpfulness at a tough time in life. Listen to this man. There are a few true legal eagles here, and captain Soovy is one of the best.
Please take him up on his offer; I wish I could offer help, but unfortunately all I can offer is my condolences as a parent who's biggest fear in life is such a horrific event occurring to my children - so I can only try to imagine the pain you and your family are experiencing.
Edited by neil_bolton on Wednesday 25th September 15:52
To Durbster and wife - what a life changing situation you have on your plate. Really sorry for your loss, must be very difficult to get your head around it all, but huge respect for you both looking after the little fella, he needs you both for a long time. Hope it all gets sorted and that any PI claim only needs to be tiny as he recovers 100%. Kids tend to be able to do that.
Good luck to the three of you!
As for the practical offers of assistance, grab them with both hands, as the old adage goes, 'it's not what you know, it's who you know'. (Well done Soovy & Co, you lot do seem to get stuck in when the chips are down..)
PH at its fantastic best once again.
Good luck to the three of you!
As for the practical offers of assistance, grab them with both hands, as the old adage goes, 'it's not what you know, it's who you know'. (Well done Soovy & Co, you lot do seem to get stuck in when the chips are down..)
PH at its fantastic best once again.
Very sorry to hear about this.
I have done serious injury claim work in the past, and will be able to walk you through exactly what will happen if you like to PM me.
I'm busy looking after my own little munchkin so wouldn't be able to reply properly until he's gone to bed but I'd be delighted to help if you need any further information.
I have done serious injury claim work in the past, and will be able to walk you through exactly what will happen if you like to PM me.
I'm busy looking after my own little munchkin so wouldn't be able to reply properly until he's gone to bed but I'd be delighted to help if you need any further information.
durbster said:
Thanks for the comments. Forgot to add that my wife and I will be his guardians from now on. My wife is giving up her job to look after him full time so that's about 35% off our income although she may be entitled to adopters leave or something so we're looking into that. To put it in PH terms, I have officially cancelled my search for a Monaro.
I can only echo what others have said, notably condolences on your loss, huge kudos for stepping up to care for the nipper, and that you should check for any life insurance cover and such. Likely this will take you a considerable period of time to unwind as you'll likely be winding up both your brother & his wife's estates, which may be simple, but may also be complicated, depending upon how their lives have been (i.e. separate finances etc.) and of course, the fact that it was a sudden death.
I don't know quite how it will work with regards to your wife giving up work to look after the nipper, and how that might be compensated. It would make sense that it would be possible to claim for it to me, but that's just my opinion of course...
My sincerest condolences for you and the rest of your families. What a truly awful and heartbreaking time this must be for everyone, and hats off to you and your good lady to say you'll be responsible for the little man from now on.
Some excellent advice from Soovy, and even though no amount of money can bring back your brother and sister-in-law, I hope that you and your nephew are not left without financial losses to compound the huge emotional losses you've suffered, particularly as you don't know how the little man will be in years to come.
A very sobering post, and a reminder how quickly lives can be turned upside down...
Some excellent advice from Soovy, and even though no amount of money can bring back your brother and sister-in-law, I hope that you and your nephew are not left without financial losses to compound the huge emotional losses you've suffered, particularly as you don't know how the little man will be in years to come.
A very sobering post, and a reminder how quickly lives can be turned upside down...
Durbster ,
I am so deeply saddened to read this and offer my heartfelt condolences .
Right now the wellbeing of the little chap is paramount , and well done you and your wife for stepping into the breech .
I can't offer any legal advice , and anyway it seems to be already well covered by others much more able than I .
My thoughts are with you at this time .
I am so deeply saddened to read this and offer my heartfelt condolences .
Right now the wellbeing of the little chap is paramount , and well done you and your wife for stepping into the breech .
I can't offer any legal advice , and anyway it seems to be already well covered by others much more able than I .
My thoughts are with you at this time .
Sorry to hear of your loss in these circumstances.
For what it is worth my brother was driving a car involved in a RTA where his rear seat passenger was paralysed. Although it was a single vehicle accident my brother had lost control of the car whilst seeking to avoid another car. The police prosecuted the other driver (I can't remember for what offences exactly but I guess dangerous driving was amongst them) and he was found not guilty.
My brothers insurance company, as part of the PI claim for the rear seat passenger, took out a private prosecution of the other driver and his insurance company settled out of court (although on the steps of the court) and agreed to pay most (80 or 90%) of the compensation that was required.
I say this just in case the other driver is not charged by the Police, or is found not guilty so that you are aware that is not necessarially the end of it.
Incidentially I would assume that your brothers insurers should be chasing this and also dealing with the PI claim because ultimately as the child was a 3rd paty in your brothers car aren't they liable to pay out?
For what it is worth my brother was driving a car involved in a RTA where his rear seat passenger was paralysed. Although it was a single vehicle accident my brother had lost control of the car whilst seeking to avoid another car. The police prosecuted the other driver (I can't remember for what offences exactly but I guess dangerous driving was amongst them) and he was found not guilty.
My brothers insurance company, as part of the PI claim for the rear seat passenger, took out a private prosecution of the other driver and his insurance company settled out of court (although on the steps of the court) and agreed to pay most (80 or 90%) of the compensation that was required.
I say this just in case the other driver is not charged by the Police, or is found not guilty so that you are aware that is not necessarially the end of it.
Incidentially I would assume that your brothers insurers should be chasing this and also dealing with the PI claim because ultimately as the child was a 3rd paty in your brothers car aren't they liable to pay out?
RSoovy4 said:
Zod said:
How utterly dreadful!
You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
My friend Zod - how could I forget you!You should definitely look into a PI claim for the toddler. The claim will depend on the extent of his injuries and whether there are any permanent physical effects. SPeak to a proper firm of solicitors, not a bunch of ambulance chasers.
Duh.
Can you think of anything I missed. mate?
If it is established that the other driver is liable, can there also be a claim against the other driver in relation to the deaths of the parents? Law Reform (Miscellaneous Provisions Act) 1934 or (perhaps more relevant in this case) Fatal Accidents Act 1976? Hopefully someone who is a specilaist in this area can clarify.
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