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Just before Christmas my MIL was badly injured in an accident with a car. She was a pedestrian and was struck by the car. After a lengthy stay in hospital she's home now but with injuries that will take many months to heal (fractured eye socket, broken vertebrae in neck, broken pelvis). She's in need of lots of care, NHS care is patchy and poor, it's clear she's going to be spending quite a bit over the next 6-12 months at least to get extra assistance.
Now she's home she's starting to think about a claim against the driver's insurance but is unsure how to pursue it. So far I've thought, and passed on, check home insurance for legal cover, failing that there will probably be many no win no fee firms willing to take the work, and she has also started looking at any cover from her work Union membership.
Anything else to consider? Any tips on how to get started with finding a suitable solicitor would be great. Ta.
https://www.liverpoolecho.co.uk/news/liverpool-news/pensioner-70s-hit-car-driver-22415836
Just to add, if by any chance anybody has any information and has not contacted the police, please do.
I would start with a solicitor specialising in personal injury claims.
I would start with a solicitor specialising in personal injury claims.
Simple as. Either a recommended local firm or one of the big national chains.
It won't be a quick process,
Sorry to hear about your Mum and wishing her a full recovery in time.
Having been through a similar incident (partner's sister was hit by a car, driver left the scene) I can only sympathise. I hope the Police are doing what they can to bring a criminal case but having come out the other side, I can appreciate it is difficult for the Crown Prosecution Service to get convictions and you may have to lobby hard to get a case brought, in the time frame needed. Good luck with that side.
Have you seen the advice from CAB? ( https://www.citizensadvice.org.uk/law-and-courts/personal-injuries/) Personally I think I would request a 'quote' (i.e. would they take on the case and if no-win-no-fee what is their fee from the winnings) from solicitors that are well-regarded for their personal injury claims. I believe Slater+Gordon are known on here and British Cycling use Leigh Day, it is likely (unfortunately) that someone on here will have real-life experience of them.
One thing she/you must do is keep all receipts associated with the incident, at the time if you still have them and from now onwards. Everything from bus tickets or car parking tickets for family to visit her in hospital to her ongoing care and any amendments that have had to made to the home. Sue for everything but you need to have a justification for the costs.
If the driver is uninsured (or deemed not covered by their insurers i.e. if driving under the influence) then the Motor Insurer's Bureau should be involved. They were actually really helpful in our case, even though they are the ones paying compensation in those cases.
I sit on the other side defending personal injury claims, there are less and less good PI solicitors about these days, but I can recommend Irwin Mitchell and Lyons Davidson for large firms that still act in a personable way. Or i would look for recommendations for good local firms to you.
The Union may well have a panel solicitor they can recommend, but any good large firm with a good PI department would no doubt be happy to deal.
Insurers have a Rehabilitation Code to, meaning that they should offer her private rehabilitation from the off, and not have to rely on NHS if waiting lists are long.
It won’t be a quick process,
Esp if there are ongoing care / treatment issues as you don't want to settle until the full extend (and costs) and known.
Do you have legal expenses cover on your Household Insurance? If you do I would start off by contacting them. If not then Irwin Mitchell directly.
I’d also go with Irwin Mitchell. If only because a friend from uni who did law did her articles with them and then went into PI law for a bit working for them. She’s since left that world but rates them.
As above, but keep records of care and all receipts. When I had my accident one of the receipts was for a recumbent trike, since I could not cycle to work on a bicycle and it was cheaper than daily taxis to and from the office. This was paid. As was physiotherapy sessions and of course my private healthcare expenses (two operations on my wrist) was reimbursed from the other party's insurer. Keep all records. There will be damages on top of expenses (and based on her suffering, they will not be small).
From the newspaper it appears that although the driver left the scene, he did report the accident soon after. Unlike my case, this is allowed in law up to 24 hours post accident. It's to allow for shock (and/or a swift treble at home). My driver hid her car when the police came calling three days later and denied everything despite her 5 year old asking if they'd come about the cyclist!
My sister was a PI lawyer for and against. She also rates IM. She now does probate, but thankfully you don't need those services.
Insurers have a Rehabilitation Code to, meaning that they should offer her private rehabilitation from the off, and not have to rely on NHS if waiting lists are long.
Yeah I don't know the details, but I was under the impression that the whole point of mandatory third-party car insurance is that victims of RTC are 'looked after' for health/social care, by the NHS or private providers recouping the costs from the car insurers. In our case, it was MIB that was paying for care and rehab.
Wow! Thanks everyone for your swift responses and kind words. I'll pass on the tips and info.
She's on the mend but current day NHS care is not what you hope for. She's home but in a neck brace and needing help with a great deal. Initial line was 'your husband can help you with that'. Eg getting up stairs. Sorry, fil was a fit man but he's nearly 80, had a couple of heart attacks last year and has Cancer. The cancer has made his type 1 diabetes hard to manage and he's ended up hypo, although he now has one of those new monitors that is scanned by a phone and that's helping lots. Anyway, old age, he's not a suitable carer unfortunately. With no certainty of any financial compensation for care costs they are muddling through currently, saving money for what extra care is definitely needed. When covid, 3 young kids and us in London there's little we've been able to do to help, but getting some information together on this will be handy, so many thanks everyone.
Once you have a solicitor instructed, press them to sort out an Immediate Needs Assessment for her, a case manager can be appointed to address everything from rehabilitation, to sorting her house to providing a taxi account to attend appointments under Rehab Code.
If you keep hold of receipts for anything that places her out of pocket, including mileage and travel costs, along with time spent and monies spent by family looking after her (care and assistance)
When knocked off my bike the drivers insurance company (AXA) told me that they would not deal with me directly and they advised i use a solicitor. When i said "but surely that will cost you more?" They agreed but told me that this was in my best interest.
I went no win no fee and got a pretty good payout even though my injuries were minimal.
I'd suggest a solicitor ASAP- if she needs additional care and support at home this may be claimable, and the sooner it is in place the better, but a good solicitors advice is key.
https://www.athertongodfrey.co.uk/personal-service/personal-injury-claims/
Big disclaimer: it's mrsmidlife's department. I'm sticking it up not to tout for work as they have plenty, but because I know they are good and will look after you, a traditional high street firm with a good reputation.