Hit By A Car As A Pedestrian

[Stevesw]

I friend was crossing the road last night and hit by a car that was driven recklessly and at speed. They stopped and got out but then drove off and hid. Miraculously she was not badly hurt but very shaken despite going over the bonnet and up the screen. The police have found the driver and are pressing charges. My friend is now off for a week and on very low income. She does have a job. How does she go about claiming loss of earning and damage to clothes? Does she contact the insurance company direct as she now has all their details or does she find a legal aid solictor through legal aid? Really want to help her out as she works hard and just wants to get back to work but can harldy move. Any advise would be greatly apprieciated. Thanks in advance, Steve

[Tilly2]

No broken bones then, or concussion? She was very lucky.

[boxtops]

I would advise her to seek legal advice, any legal fees (if she's successful) would be met by the driver's insurance company.

She can claim on her own but it could get complicated if she finds in a couple of weeks' time that there is an injury arising from the accident eg back trouble. In order to claim herself, she would have to write to the insurance company detailing what she wants to claim for - she'd need to provide details of her loss of earnings and the cost of replaceing the clothes etc. However, she doesn't have to provide that detail immediately - the first claim letter just has to say what's happened, that the driver admitted liability, and that she intends to claim for those things. If she "can't move" she needs to get to the doctor quickly for a doctor's sick note, that will all help as evidence when making her claim - but the inability to work and the possibility of a claim for injuries can be difficult for an individual to manage, I'd suggest a solicitor. Does she have any personal accident insurance of her own (e.g. as part of her household insurance or through her bank)? If so, that could also be a good place to start.

[Barmaid]

She needs to see a solicitor. Go to a local one who does personal injury on a no win no fee basis.

She won't get legal aid for this.

[boxtops]

Good idea, barmaid - there are loads of them about at the moment!

[Maydup]

Firstly you need to decide what she'd claiming for. Loss of earnings is easy, you help her to calculate that plus the value of the new clothes, shoes, bag and any contents. Maybe her phone was broken? etc

Then it would be best to see a solicitor. Don't go for a "no win no fee" option if you can help it, because when you do win you pay extotionate fees, I mean huge.

Try the Citizen's Advice Bureau as they will offer some free advice legal representation. Hope she feels better soon.

[ubasses]

Has she got any legal insurance. It is often on Home Insurance Policy.

[Maydup]

oooops contradicted Barmaid there, never a good idea!

I just witnessed a young friend claim £10k for something different and only collect £6k after "no win no fee" fees.

[Stevesw]

Thanks for you input guys. No thankfully, no broken bones. When I say cant move that was mebbe a bit dramatic as she can walk slowly about just about as very sore and stiff obviously. I dont think she has any accident cover anywhere. As she is on a very low income can she get legal aid for a solicitor? Would it be a good first move then to inform the insurance company of intention to claim then find a solicitor that works on a no win no fee. It makes my blood boil to think that because she prefers to work she will not be able to get any legal help with this.

[Stevesw]

I already thought no win no fee option was prob not a good idea :-) keep it coming guys, she really deserves the help. She comes from a difficult background and doing her best to make something of herself and then this happens :-(

[karenmac60]

Make sure she takes photos of her injuries. And she will possibly have to wait a good while before she gets anything. I was knocked down years ago and made a claim, but it took about a year for it to be resolved.

[lcg]

your friend may have legal advice/access through her household insurance - i do and successfully sued my son's employer for an injury he sustained at work....and he got all the compo - no fees involved! just a thought....hope she stays ok x

[Stevesw]

Yeah she got photos as soon as she got home. And i will ask more tomorrow about the household/ banking accident insurance. I will Look into it all on her behalf as she gets so worried about forms and official things :-) thanks for the well wishes all :-)

[DJHawkes]

she should go to /a & E and get everything down on record they probably will x ray too, the claim won;t go through without medical records to back it up .

[Stevesw]

Sorry didnt say, an ambulance was called and they checked her then took her to a+e where they released her 4 hours later telling her to bed rest for a week :-)

[ummmm]

Were there any witnesses?

Maidup - it shouldn't cost a penny. The solicitors will claim back their expenses from the drivers insurance.

[ABerrant]

'No win, no fee' does not necessarily mean 'No win, no cost to you' nor 'Win, no cost to you'.

If you win, your solicitor's basic fees should be paid by the other side. However, if the other side thinks they are too high, the court can decide that they do not have to pay the full amount. If this happens, you might have to pay the difference out of your compensation.

The success fee is an extra amount you pay your solicitor if you win your case. Success fees in 'no win, no fee' cases are often quite high, and can be as much as double the amount charged in other types of legal case. You may not get all of this back from the other side and, if you don't get it all back, you'll have to pay the rest out of your compensation.

If your case has to go to court, you might need a barrister to represent you, as well as a solicitor. Barristers' fees are usually not included in 'no win, no fee' agreements, so if you do need a barrister, you may have to pay them regardless of whether you win or lose, and this could be very expensive. However, your solicitor may be able to persuade your barrister to charge on a 'no win, no fee' basis.

You may have to pay other expenses for things like experts' fees, accident report fees, official searches, court fees, and travelling expenses. These expenses may not be included in the 'no win, no fee' agreement, and they can be very high.

Before you enter into a 'no win, no fee' agreement, check the terms very carefully for hidden costs.

http://www.adviceguide.org.uk/england/l_claiming_compensation_for_personal_injury.pdf

[ummmm]

She got hit by a car. Those type of cases are usually pretty straight forward if there were witnesses.

Me and my son were hit on a pedestrian crossing. It didn't cost me a penny.

[atalanta]

My brother was involved in a somewhat similar accident. The went to the police and registered with them the fact that he had a claim for damages, so that went on the records for the court case. The driver pleaded guilty, my brother was then told the name of the insurance company, and made his claim direct to them.

[Stevesw]

The no win no fee option has become the last resort really as had an idea the system works better for the solicitor than then client. There were witnesses, they found the guy and admitted liability. A bit confused by conflicting opinions though. If we instruct a solicitor to act on our behalf, we are going to have to pay their fees monthly probably as the case is being worked on. If we win then I assume the other side pays the solictors fees back? If we dont win then we will lose our fees, yes? most confusing.

[karenmac60]

When I claimec it was just through my local solicitor. I didn't pay a penny at any point - they just got their fees at the end. It is Scotland so the legal system is different - not sure how much that affects things.