How to claim compensation?

Car_54

Sandtree said:

If she truly only wants to claim for loss of earnings its not a hard thing to do yourself. If you know the taxi driver's insurance details you can approach them directly, if you don't you can get them for a small fee from AskMID. 

This is not necessary. Her claim is against the driver - it's up to him to involve his insurers.

Sandtree

Car_54 said:

Sandtree said:

If she truly only wants to claim for loss of earnings its not a hard thing to do yourself. If you know the taxi driver's insurance details you can approach them directly, if you don't you can get them for a small fee from AskMID. 

This is not necessary. Her claim is against the driver - it's up to him to involve his insurers.

Not necessary but often much better, insurers will jump at a chance to void legal fees for a significant injury.

RBN20

Sandtree said:

Car_54 said:

Sandtree said:

If she truly only wants to claim for loss of earnings its not a hard thing to do yourself. If you know the taxi driver's insurance details you can approach them directly, if you don't you can get them for a small fee from AskMID. 

This is not necessary. Her claim is against the driver - it's up to him to involve his insurers.

Not necessary but often much better, insurers will jump at a chance to void legal fees for a significant injury.

Completely agree with Sandtree, often much simpler, without having to involve solicitors etc. Insurer will be keen to get it dealt with, without all the extra fee’s that solicitors will entail 

Car_54

RBN20 said:

Sandtree said:

Car_54 said:

Sandtree said:

If she truly only wants to claim for loss of earnings its not a hard thing to do yourself. If you know the taxi driver's insurance details you can approach them directly, if you don't you can get them for a small fee from AskMID. 

This is not necessary. Her claim is against the driver - it's up to him to involve his insurers.

Not necessary but often much better, insurers will jump at a chance to void legal fees for a significant injury.

Completely agree with Sandtree, often much simpler, without having to involve solicitors etc. Insurer will be keen to get it dealt with, without all the extra fee’s that solicitors will entail 

They will, and no doubt the injured lady will be keen to settle quickly.

However, a decent lawyer will make sure she doesn't sell herself short. Things like expert medical advice on possible long-term effects, decent (private) physio and OT, and (yes) pain and suffering.

macman

Does she possibly have legal cover added on to any of her own insurance policies (motor, contents, buildings)?

Manxman_in_exile

Ebe_Scrooge

There's "compo" and then there's legitimate compensation in respect of somebody else's negligence.  Knocking someone over on a zebra crossing is not "one of those things", and a fractured femur is not a trivial injury - it's extremely painful and potentially disabling.

Of course your daughter in law should be claiming for more than just loss of earnings.  She's not being greedy but if she doesn't claim for the injury, pain, etc she won't get the compensation the law will consider she's entitled to.  She'd be daft only to claim for loss of earnings.

"Compensation" isn't a dirty word - it's meant to put your DiL back into the situation she was in before the accident (ie no pain, no trauma, no potential disability).  And no win no fee lawyers are not necessarily the devil incarnate either.  If no win no fee lawyers didn't exist, how many ordinary people could afford to employ lawyers to represent them in a personal injury claim?

EDIT:  The bit about NWNF lawyers is not aimed at the OP.  I'm no fan of them but if you can't afford to hire a lawyer on a retainer, what do you do?

Ectophile

Can she legitimately claim off the taxi's insurance for loss of earnings - if so, how?  She's not after millions for "emotional distress" or any nonsense like that, just genuine loss of earnings if possible - she and my son both work hard but don't earn much above minimum wage, so the loss of one income is pretty significant.

You seem to be trying to talk this claim down for some reason.  Injuries that leave somebody in hospital can have long term implications.  It's not just the loss of earnings, it's the specialist medical care, such as physiotherapy and even psychotherapy.  All these things cost money, and it's the taxi driver's insurance who should be paying.

Insurers love it when people accept their first compensation offer without thinking through the long-term consequences.  Don't accept anything without taking proper legal advice first.

Dr_Crypto

Fractured femur is a significant injury. She will be out of action for some time. 

They also really hurt. 

I wouldn’t be talking this down. 

fred246

I did a claim for a family member through a firm of solicitors. The service was absolutely diabolical. I kept wondering if I should have contacted the insurance company myself. Surely it's better for the claimant and the insurance company to avoid stupid legal fees. Difficult part is knowing how much the claim was worth. I thought the solicitors would be useful from that point of view but they were absolutely rubbish.

fred246

I did complain to the solicitors using their own official complaints process but they ignored my complaint. It's hard knowing how far to take it when they are supposed to be on your side!