Your Personal Injury Questions answered by:
Joanne Copeland
Partner, Poole Townsend
(1)
Q. I recently had an accident that was not my fault. I suffered quite serious injuries including a broken leg. The Insurance Company of the other driver contacted me immediately and over the telephone offered me £1,000.00 in full and final settlement of any claim I had against the other driver. I did not accept that sum but I am worried that I have missed out on any compensation claim I might have had.
A. The value of a claim for a broken leg will considerably exceed the £1,000.00 offered and you were right to reject the offer.
Generally, you have three years from the date of an accident within which to make a claim. This means that Court proceedings must be commenced within three years of that date if the claim is to be successful (if settlement has not already been reached). If the claimant is under 18 at the time of the accident, then that limitation date is extended to the claimant’s 21st birthday.
In these circumstances, you need independent advice. You should contact your own solicitor who will be able to advise you of your right to make a claim for damages. Your solicitor will also advise you of all claims that can be made, such as, for loss of earnings, physiotherapy, travel expenses and claims for help in the house.
(2)
Q. I recently drove my vehicle into the back of someone else’s vehicle, injuring my daughter, aged 7, who was in the car with me. My husband thinks that my daughter does not have a claim as the accident was my fault. Is this right?
A. Your daughter does indeed have a potential claim against you for compensation in respect of her injuries and any losses and expenses. The claim will be against your own Insurance Company. Where a claim for damages is made by someone who is under 18, the claim must be dealt with by a “Litigation Friend”. In these circumstances, I would suggest that your husband should stand as the Litigation Friend and he should take advice from a solicitor as to the potential claim.
Even though your daughter has until she is 21 to make a claim, the claim should be dealt with as soon as possible. Any settlement of compensation agreed by the Insurance Company should be approved by the Court and any money awarded to your daughter will remain in Court until she is 18. Your daughter is then entitled to take the money out of Court for her own use. If, in the meantime, any money is required for specific purposes (such as education) then an application can be made to the Court to take some of the money out of Court for use before she is 18.
Joanne Copeland
Partner, Poole Townsend
(1)
Q. I recently had an accident that was not my fault. I suffered quite serious injuries including a broken leg. The Insurance Company of the other driver contacted me immediately and over the telephone offered me £1,000.00 in full and final settlement of any claim I had against the other driver. I did not accept that sum but I am worried that I have missed out on any compensation claim I might have had.
A. The value of a claim for a broken leg will considerably exceed the £1,000.00 offered and you were right to reject the offer.
Generally, you have three years from the date of an accident within which to make a claim. This means that Court proceedings must be commenced within three years of that date if the claim is to be successful (if settlement has not already been reached). If the claimant is under 18 at the time of the accident, then that limitation date is extended to the claimant’s 21st birthday.
In these circumstances, you need independent advice. You should contact your own solicitor who will be able to advise you of your right to make a claim for damages. Your solicitor will also advise you of all claims that can be made, such as, for loss of earnings, physiotherapy, travel expenses and claims for help in the house.
(2)
Q. I recently drove my vehicle into the back of someone else’s vehicle, injuring my daughter, aged 7, who was in the car with me. My husband thinks that my daughter does not have a claim as the accident was my fault. Is this right?
A. Your daughter does indeed have a potential claim against you for compensation in respect of her injuries and any losses and expenses. The claim will be against your own Insurance Company. Where a claim for damages is made by someone who is under 18, the claim must be dealt with by a “Litigation Friend”. In these circumstances, I would suggest that your husband should stand as the Litigation Friend and he should take advice from a solicitor as to the potential claim.
Even though your daughter has until she is 21 to make a claim, the claim should be dealt with as soon as possible. Any settlement of compensation agreed by the Insurance Company should be approved by the Court and any money awarded to your daughter will remain in Court until she is 18. Your daughter is then entitled to take the money out of Court for her own use. If, in the meantime, any money is required for specific purposes (such as education) then an application can be made to the Court to take some of the money out of Court for use before she is 18.
