Dependancy claim following RTA

Jelly_legs

Me again...My Husband was killed instantly by a young driver who crossed a carriageway of traffic and mounted a pavement on which my Husband was walking and then drove off.

It's a criminal investigation ofcourse and the case file is with the CPS. The police have released the details of the driver to my solicitor and is commencing a claim against his insurance.

My solicitor has mentioned that they are applying for an interim payment to cover a credit card debt of my Husbands and I also need some urgent roof repairs to my house. The have told me that this can also be included in the interim payment.

Does anyone have any experience of a claim of this nature and how long it takes. Someone told me it could go on for two years. If it does. My roof will caved in by then and there is no possibility of me borrowing the money from someone or somewhere else.

Crazy_Jamie

The claim itself could go on for years, depending on the issues in dispute and the complexity, but an interim payment should be sorted out considerably quicker. Interim payments are designed to ease financial hardship whilst an inevitable settlement or award of damages is held up due to the litigation taking a while. In a lot of cases the other side simply agree to the interim payment. If they do not your solicitors will have to make an application to the court for an interim payment, but even this should be done reasonably quickly depending on how busy the court in question is. Providing the amount that you're asking for is a reasonable proportion of the likely damages that you will receive, obtaining an interim payment should be relatively straightforward. Your solicitors should be able to update you with the progress, but it should be sorted in a matter of weeks rather than years.

BertTheRaccoon

The best person to be asking this question is your solicitor in all honesty as they know the specifics of your case and will be engaging in dialogue with his insurers.

Typically with a more serious case like this, there is generally somebody of reasonable calibre on the other side and they are often amenable to early interim payments, rather than dealing with scripted battery hens in India.

My guess, depending also on who the other party was insured with, is that an early interim payment will be possible, followed by a bit of a drawn out spell whilst the criminal process takes it's course. The criminal proceedings will hold up any liability admission by the insurers and those involved in the civil process can't get their hands on the police report.

A terrible time for you, I hope you get looked after well. It won't be a quick process though.