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Can I claim compensation after hit and run accident?

A few days ago my younger sister was severely injured in a hit and run. Her whole body, head, ribs, pelvis etc. suffered fractures after being run over by someone. Luckily she is well and recovering in hospital.

The police have caught the individual and there is no denying he is guilty, since it was such a big case and covered everywhere on the local news.

Since this is the first time something like this has happened in my family, and I am not financially literate, my question is:
Can we claim companesation?
How much can we claim?
How much will it cost to claim?
Is there anything else I need to know?

Would really appreciate any advice here.
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Comments

  • Nasqueron
    Nasqueron Posts: 10,006 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    You just need to claim off his insurance, I'd recommend getting a solicitor (no win no fee type) who are experienced in this manner .

    Yes you can claim

    The amount you get is based on banding for types of injury and how severe it is. Again a legal person can tell you approximately.

    Costs you nothing

    Yes, next week's lottery numbers ;)

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • wgl2014
    wgl2014 Posts: 1,144 Forumite
    If the suspect is charged and then subsequently convinced at court they can be ordered to pay compensation however this is unlikely to be a significant amount unless they are financially well off.
    Another avenue is via their insurance (if they have any) or via any other policy that is in place for the car involved. If there is no relevant insurance policy then there may be a claim with the Motor insurers bureau.
    I would suggest speaking to a specialist solicitor regarding the other questions you have asked.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Harris1980 wrote: »
    A few days ago my younger sister was severely injured in a hit and run. Her whole body, head, ribs, pelvis etc. suffered fractures after being run over by someone. Luckily she is well and recovering in hospital.
    She's lucky to have survived. GWS.

    The police have caught the individual and there is no denying he is guilty
    Then an insurance claim should be straightforward, assuming the car was insured. Even if it was not insured for him to drive, even if there was some irregularity with the policy - if the car was covered by a policy, then there is no way that the insurer can avoid paying your sister for her injuries.


    She does not need a NWNF solicitor, or any kind of ambulance chaser - all they will do is take part of her pay-out. She simply needs to deal with the insurer directly.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Harris1980 wrote: »
    A few days ago my younger sister was severely injured in a hit and run. Her whole body, head, ribs, pelvis etc. suffered fractures after being run over by someone. Luckily she is well and recovering in hospital.

    The police have caught the individual and there is no denying he is guilty, since it was such a big case and covered everywhere on the local news.

    Since this is the first time something like this has happened in my family, and I am not financially literate, my question is:
    Can we claim companesation?
    How much can we claim?
    How much will it cost to claim?
    Is there anything else I need to know?

    Would really appreciate any advice here.


    It’s too soon to claim.
  • Car_54
    Car_54 Posts: 8,572 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    AdrianC wrote: »
    She's lucky to have survived. GWS.


    Then an insurance claim should be straightforward, assuming the car was insured. Even if it was not insured for him to drive, even if there was some irregularity with the policy - if the car was covered by a policy, then there is no way that the insurer can avoid paying your sister for her injuries.


    She does not need a NWNF solicitor, or any kind of ambulance chaser - all they will do is take part of her pay-out. She simply needs to deal with the insurer directly.

    Without expert advice, how will she know what to claim, or whether any offer is reasonable?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    It!!!8217;s too soon to claim.
    It's WAY too soon (years, probably) to agree to any kind of full and final settlement.

    It is not too soon to get the ball rolling, get the insurer's agreement to liability in writing, and get any initial and interim costs settled.
    Car_54 wrote: »
    Without expert advice, how will she know what to claim, or whether any offer is reasonable?
    There are, AIUI, industry standard amounts for varying injuries and severities. So once liability is settled, it's down to the medical reports to decide where they lie.


    These injuries are severe enough that there are going to be awards made for many years to come. No full-and-final offer is reasonable.
  • Quentin
    Quentin Posts: 40,405 Forumite
    AdrianC wrote: »
    She's lucky to have survived........

    She does not need a NWNF solicitor, or any kind of ambulance chaser - all they will do is take part of her pay-out. She simply needs to deal with the insurer directly.

    Unless you are experienced in injury claims everyone should get their own legal representation especially when multiple injuries are involved like this

    Surely you can see the massive conflict of interest the responsible insurer has in being able to deal directly with an inexperienced victim!
  • Stoke
    Stoke Posts: 3,182 Forumite
    Avoid NWNF. All I'm saying.
  • MEM62
    MEM62 Posts: 5,038 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Nasqueron wrote: »
    I'd recommend getting a solicitor (no win no fee type) who are experienced in this manner.

    I am sorry to hear the news of your sister's situation.

    Please ignore the above advice. No-win-no-fee law firm are the bottom feeders of the legal world who are generally only interested in simple slam-dunk cases in return for a sizeable percentage of your compensation.

    This claim will be complex and therefore you need a proper legal firm with the relevant experience in this field. The compensation award will depend on the long-term prognosis. This will, of course, need detailed medical reports to show what the long term impact on her life will be. In some cases this cannot be known at an early stage and an interim settlement is made pending longer term assessment.

    I hope that in time your sister makes a full recovery.
  • Car_54
    Car_54 Posts: 8,572 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    AdrianC wrote: »
    It's WAY too soon (years, probably) to agree to any kind of full and final settlement.

    It is not too soon to get the ball rolling, get the insurer's agreement to liability in writing, and get any initial and interim costs settled.


    There are, AIUI, industry standard amounts for varying injuries and severities. So once liability is settled, it's down to the medical reports to decide where they lie.


    These injuries are severe enough that there are going to be awards made for many years to come. No full-and-final offer is reasonable.

    Agreed. But without an experienced specialist lawyer to advise her, where will she go for medical reports? Should she just trust the insurer's expert? (Clue -no!).
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