Injury involving family or friends compensation claims
This guide covers what you should know about making a successful friends or family injury compensation claim.
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.
If you were injured in an accident involving family and friends in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
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.
I have a strong claim - why won't a solicitor take it on?
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.
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.
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.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Road traffic accident claims
Every year almost 200,000* people are injured on Britain's roads. If you have been injured in a road accident that was not your fault, you can claim compensation.
Find out more about claiming compensation for a road accident: Read more about road accident claims
*Source: Official Department of Transport statistics (gov.uk)
Our nationwide network of solicitors take on all types of personal injury claims and have a wealth of expertise with fast track, complex and catastrophic injury claims. Selected because of their winning track record, our solicitors have years of dedicated experience.
About the author
Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).
Read more about this Quittance Legal Expert