Car accidents are stressful enough, however when you are involved in a car accident caused by a family member, the stress can be intensified. Being a passenger of a car leaves your safety completely in the hands of the driver. Making a claim against a relative often feels harder because you may feel as if you are betraying them, even though you are within your rights to claim compensation.
It is quite possible that the insurance premium will be affected if you are claiming against your family member’s insurance. It is worth bearing in mind you are not claiming against a member of your family but the insurance company. The process itself should involve the family member’s insurance company and solicitor, rather than the family member personally.
This is the same with any insurance and is to be expected. Insurance premiums generally always increase when a claim has been made. The amount the premium increases by will depend on the amount of compensation being claimed.
In some cases, an injured car passenger is unable to get the necessary physiotherapy and psychiatric help they need to recover from the accident, due to the cost. Compensation is intended to enable injured people to pay for such expenses. why should you be left with pain and suffering due to someone else’s negligence, and not get any compensation? So no matter who the person is who is liable, if the accident is not your fault and you’ve been injured, then you’re entitled to make a claim.
Generally there are two types of car accidents whether they be car accidents caused by family or non family:
Collision with another vehicle or object: You and any other passengers can make a claim against the driver responsible, regardless if they are a family member or not.
Deliberate low velocity crashes: These are accidents when two cars collide at a low speed, usually around 5mph or when the other vehicle is stationery.
These are rare and tend to be fraudulent and are subject to a lot of scrutiny because of this.
If you believe you have been involved in a low velocity crash and have suffered an injury, you may be able to make a claim. However, bear in mind these claims are not always straightforward and because of this you may need a solicitor to assist, it is important to seek medical treatment as soon as possible to validate your claim.
Claims do not have an age limit, If you are under 18 and injured in a car accident caused by a family member, you may be entitled to make a claim.
Car accidents caused by family when you are under 18 will require the assistance of a parent or guardian. Or, you may want to appoint a litigation friend to assist when making a claim for compensation. The courts will check that they are suitable to assist you, however if the court does not approve then they may appoint the official solicitor to step in.
If a parent was the driver, the parent cannot act on the child’s behalf as this would be deemed as a conflict of interest. However, the non-driving parent, grandparent or family friend can step in and assist with the claim.
It is irrelevant if the car accident is caused by a family member or not. The court will come to a decision on the information put forward.
Mostly claims are straightforward and won’t take long in reaching a settlement agreement.
However, more complex cases may take a lot longer to settle. For example there might be serious injuries resulting from the accident, the court will take this into account but the process may take longer to finalise.
The court will assess all the information provided and make a decision based on this. It is irrelevant if the car accident is caused by a family member or not. The final decision will be based on the information put forward.
The more serious the claim and the injuries the more you will receive. In more difficult cases you may be awarded interim payments; however these will only be awarded if the other side has accepted liability.
Our team of personal injury solicitors will handle your claim in a professional and friendly manner, we work on a no win no fee service meaning that you will not pay a penny unless your claim is successful
If a family member is liable for your car accident injury, your solicitor can help by assisting you by sensitively handling a claim on your behalf. For further help and advice on claiming for car accidents caused by family and to discuss what your options are, then why not give us a call on 0330 053 7117 or request a call back.