A guide to making a No Win No Fee injury claim involving family or friends
Making a compensation claim for injuries caused a stranger's negligence is often a straightforward decision.
If you have been injured in an accident involving a friend or family member, however, the choice may seem harder and it is recommended that you speak to a solicitor about your options.
Many injury lawyers will provide a free initial consultation and you will be under no obligation to proceed with legal action.
A solicitor will be able to reassure you that, in the overwhelming majority of cases, they will be dealing with the friend or family member's insurance company, rather than the party who caused the accident themselves.
Types of accident caused by family members
Road traffic accidents
The majority of accidents involving friends and family members are road traffic accidents.
It is common for parents or siblings to be driving a car with family members as passengers when a collision occurs.
The insurance company of the negligent driver will settle claims in favour of the other driver and their passengers. In addition, the insurers will also settle your claim, as a blameless passenger in the vehicle that caused the accident.
Injury claims involving family members are not limited to road accidents. Other accidents include slips, trips or falls on the friend or family member's property, dog bites from a family member's dog, burns, scalds and food poisoning.
Injury claims following such accidents can, in some cases, be more complex to pursue. For more information regarding your options, speak to a specialist injury solicitor at the earliest opportunity.
Who will pay the compensation?
While the claim will be brought against the friend or family member who was responsible for the accident, the compensation will usually be settled by their insurance company.
The two most common types of insurance that people carry are car insurance, which covers road traffic accidents, and home insurance which may cover accidents on the property.
Most home insurance policies, landlord policies and tenant policies include cover for injuries incurred by someone who, for example, falls as a result of a broken step in the yard.
Home insurance cover may be limited to a certain financial value. If you are worried about making a claim, it is possible to limit your claim to the amount of insurance cover so your friend or family member is not out of pocket.
Can a child make a claim?
Persons under 18 injured in an accident involving a family member are entitled to make personal injury claims.
Children must have a parent or guardian to provide instructions on the child's behalf, known as a litigation friend.
If a parent is the Defendant in the case, this parent cannot act as the litigation friend. The Court would regard this a conflict of interest. The second parent, a grandparent or other family member could act as the litigation friend and the claim could proceed as normal.
Guaranteed No Win, No Fee
Typically a no win no fee agreement (more correctly called a CFA or Conditional Fee Agreement) is entered into between the claimant and a qualified lawyer.
A Conditional Fee Agreement is basically the terms and conditions under which the solicitor represents their client.
The CFA details what the solicitors will actually do as well as how the solicitor is paid if the case is won.
If you choose a Quittance solicitor for your claims involving family or friends compensation claim there are absolutely no additional charges , no up-front fees and the reassurance that you will never be financially out of pocket.
Quittance offer detailed information to help people affected by injury determine whether to proceed.
Find more answers online before picking up the phone. See more frequently asked questions here.
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Phone a personal injury solicitor on 0800 612 7456 or 0333 344 6575 to make your injury claim, or begin the personal injury claim online.
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Speak to Quittance's panel of experts to discuss your claim. Request a no-obligation callback or call us on 0800 612 7456.