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Car Crash - Child Injury claim

Hi all,

If this is in the wrong area I am sorry, also I have looked for other similar threads and cannot see any. I thank everyone in advance for reading.

Issue - My wife crashed here car into a lamp post in June, my 2 children where with her at the time all walked away, with minor brusing. I was informed my children could claim against my wife, so I went down that route and got a solicitor proviced by my works union. Cut a long story short the compensation which my children are expecting is going to be placed into a trust fund until they are 18. Is this the norm? as I have also heard this does not have to happen it is the solicitors way of making more money. (I did ask my solicitor and they said it was the law). If it goes into this fund how would I retrive it as I feel they should have access to it now to do as they wish? Any help or push in the right direction would be great. Thanks all

Ellogg

:T(Keep up the good work everyone):T
«1345678

Comments

  • Quentin
    Quentin Posts: 40,405 Forumite
    This is the norm.

    If your children have special needs resulting from the incident, then the trustees will be able to let them have some of the funds.
  • Can i ask; if everone walked away with minor bruising, what did the Children claim for? i wonder how it went?
  • atush
    atush Posts: 18,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is why our premiums are so high?
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Quentin wrote: »
    This is the norm.

    If your children have special needs resulting from the incident, then the trustees will be able to let them have some of the funds.

    Agreed. You would have to make an application to the court to release some of the funds. The court would want to know what the money would be used for, and the judge would decide if that was a good reason.

    It's not a way for solicitors to make more money. It's a way to protect the interest of the child, so that the money is there for the child to use once they reach 18. So that the parents can't fritter it away, if they're not responsible enough to look after it properly.
  • Quentin
    Quentin Posts: 40,405 Forumite
    atush wrote: »
    This is why our premiums are so high?

    Bit harsh.

    Luckily the innocent children had their parents to fight their cause for them.

    Wouldn't you have wanted your parents to do the same for you if they caused you injuries?
  • System
    System Posts: 178,374 Community Admin
    10,000 Posts Photogenic Name Dropper
    If the compensation payment was justified (I'm not saying it wasn't) then couldn't the parents be named as trustees ? - who has the solicitor named as the trustees.

    If the injuries were more minor, and the parents were thinking they could spend the compensation, frittering it away, then they may find that in the long run, the extra premiums they will pay on future insurance will outstrip the compensation amount.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • geri1965_2
    geri1965_2 Posts: 8,736 Forumite
    You cannot retrieve the money - it is for your children, as they are the ones who experienced the pain and suffering. It may have earned a fair bit of interest by the time they are 18.
  • mikey72
    mikey72 Posts: 14,680 Forumite
    Ellogg wrote: »
    Hi all,

    ...........I was informed my children could claim against my wife, so I went down that route and got a solicitor proviced by my works union................


    ...........Cut a long story short the compensation which my children are expecting is going to be placed into a trust fund until they are 18...........

    Whoever told you the first bit should have told you the second bit as well really.

    It is money to provide compensation for whatever their injuries were, so needs to be spent accordingly.
  • poet123
    poet123 Posts: 24,099 Forumite
    Ellogg wrote: »
    Hi all,

    If this is in the wrong area I am sorry, also I have looked for other similar threads and cannot see any. I thank everyone in advance for reading.

    Issue - My wife crashed here car into a lamp post in June, my 2 children where with her at the time all walked away, with minor brusing. I was informed my children could claim against my wife, so I went down that route and got a solicitor proviced by my works union. Cut a long story short the compensation which my children are expecting is going to be placed into a trust fund until they are 18. Is this the norm? as I have also heard this does not have to happen it is the solicitors way of making more money. (I did ask my solicitor and they said it was the law). If it goes into this fund how would I retrive it as I feel they should have access to it now to do as they wish? Any help or push in the right direction would be great. Thanks all

    Ellogg

    :T(Keep up the good work everyone):T

    How does this statement equate to cause for a claim for damages sustained?
  • Quentin
    Quentin Posts: 40,405 Forumite
    poet123 wrote: »
    How does this statement equate to cause for a claim for damages sustained?

    Severe injuries often present some time after the incident!
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