Injury and claim

[nightnajjers]

Hello .

My elderly mother was knocked down by a car and hospitalised with several broken bones. The police have given us the car registration details, name of driver and make of car but no details of the drivers insurance. She is definitely going to need some outside carers to assist her while she hopefully gets better. 

 

So ,, the question is,

are the police supposed to give us the drivers insurance details? and if not, how do we find out how to make a claim against the drivers insurance for her carer costs.

 

 

[unclebulgaria67]

No I don't believe the Police are required to provide other drivers Insurance details.

 

Make a search for the Insurers using the following website

 

askMID

WWW.ASKMID.COM

 

 

If the drivers vehicle is shown to not be Insured, then a claim to the MIB can be made.

 

https://www.mib.org.uk/

 

 

[BankFodder]

Do you have the drivers address?

What kind of car was it – just to get an idea as to whether the driver might have money.

Other witnesses?

You need to keep very careful notes of what has happened, all medical treatment, prognosis. How old is your mother?

[nightnajjers]

U.B.  Thank you for the search options.

 

No address given by police, it is a late mid range vehicle. Plenty of witnesses. she is nearly 100 

 

Seems a bit weird that if she was driving a car the insurance details would have to be given. 

 

 

[Ethel Street]

I'm surprised the police haven't given you the address. How do they think you are going to get in contact with the driver to hold him responsible?

 

It's a legal obligation for the driver to provide their address to anyone having reasonable grounds to ask for it (which would include you acting on behalf of your mother). Had you been there and the driver had refused to give the information to you it would be a criminal offence. Section 170 (2) of the Road Traffic Act 1988

 

He's presumably given it to the police so go back to the police and ask them for it. Ask them for his insurance details while you're at it.

 

Have the police indicated whether they are going to prosecute the driver?

 

Did the police attend the scene of the accident?

 

Did the police take witness statements? Witnesses are only of any value in your claim if they have given witness statements, or at the very least you know who they are so that they can be asked to make a statement.

 

You mention carer costs, but in addition your mother suffered significant injuries, broken bones. That might permanently impair her ability to walk. As she didn't have carers before I assume she was reasonably mobile before the accident and living in her own home. Is that correct? She and you might want to consider consulting a solicitor.  Not least because, and I don't mean this to sound unfeeling, your mother is 100 and might not live long enough for the claim against the third party driver to be concluded. 

 

Between your mother and and the rest of the family are you able to pay the carer costs while the claim against the driver's insurers is pursued? Unfortunately personal injury claims like this are rarely paid quickly so you/your mother will need to fund carer costs yourselves in the meantime. Will she be discharged from hospital to her own home with visiting carers? Or to a care home?

 

And bear in mind that getting money from the driver's insurers will only happen if it can be shown the driver was at fault (wholly or partly)

[BankFodder]

Do you know who the witnesses are?

[nightnajjers]

Thank you .

I was also surprised that no address was given by police. My brother  dealt with the police so far. I will call them today and try again to get  drivers Insurance details and if they are going to prosecute and any witness information they have. The police did attend.

She lives on her own and has up to now had no carers, she was out shopping. I am aware from previous insurance claims that it can take a long time to settle.  Between us we are able to pay any carers costs.We are hoping she will be discharged to her own home. 

[nightnajjers]

Hello.

Spoke to the police today and they were helpful enough, gave me the drivers insurance details and policy No. and their incident number. He said there are  witness/es statements.

Edited December 6, 2021 by nightnajjers
omission

[unclebulgaria67]

Is anyone set up to legally act for your Mum ?  Handles her finances and any decisions made on her behalf ?

 

Third party Insurers are sometimes helpful, if liability is clear.  So as soon as you know who is acting for Mum, they might want to contact Solicitors that handle accident claims and see if they will help on a no win no fee basis. That way, they can ensure they see what they can claim and negotiate.  A claim like this needs a good level of experience

[Ethel Street]

You and your brother (and other family members if they are involved) need to decide fairly soon whether you are going to use a solicitor to act for you. Your mother might have access to free legal advice under her household insurance, or many solicitors will give you a freeehalf hour advice session to determine what's best to do and the legal strength of your case.

 

If you decide to use a solicitor best to let them make the first approach to the driver's insurers. 

 

Do you have formal power of attorney for your mother? Not a problem if you don't as long as your mother can provide written confirmation that she authorises you/you & your brother to act on her behalf in relation to this incident.

[nightnajjers]

Hello. Pleased to say that mother is recovering well now.  The police would not give us any idea of liability until mother was home and had made a statement, which she has done now. Although mother is more than capable of making decisions, we do have power of attorney should it every be  required. Can"t really move forward with this until the police have made a decision. Wondering if there are any recommendations for a no win no fee company? She does not hold any insurances.

[unclebulgaria67]

In regard to a no win no fee company, you are probably best to use a local Solicitors that handles accident claims on this basis.  But make sure liability is fairly clear, before contacting them.

 

If you used a large company that advertises nationally, then you may find that there is no personal service provided, due to the volume of claims they handle.

 

 

[Ethel Street]

Pleased to hear your mother is doing well. That's good news.

 

@nightnajjersthe police will not give on opinion on liability. They will decide whether they are going to prosecute the driver for a motoring offence, that's all. Liability is a civil matter, your mother seeking financial compensation from the driver. That's nothing to do with the police. Whilst it is helpful to your mother's civil claim if the driver is also convicted of an offence it isn't necessary. 

 

You can start the claim now, the sooner the better. You don't need to delay waiting for a police decision on prosecution.

 

Have you decided whether to ask a solicitor to act for you? See my earlier comments in post #10. You say she has no insurances but you also said earlier that she lives on her own. Doesn't she have any Contents Insurance? That might have a section covering legal costs.

 

The site team on CAG cannot make recommendations for specific law firms or solicitors.

 

Although you hold PoA for your mother I understand that she still has full mental capacity so the PoA will not be activated. She will act for herself but can authorise you to act for her if she wishes.

[nightnajjers]

Thank you for the replies.  A local company sounds like a better option in view of the more personal service you suggest would be gained.

We were waiting to see if the driver is going to be prosecuted or if he/she was going to say mother was at fault before seeking  the services of a solicitor.

 

We were waiting for a decision from the police re. whether they are going to prosecute the driver for  a driving offence.

I guess a solicitor will be only to happy to get involved at an early stage, so ,in view of your suggestions  we will contact a local firm.

 

Mother lives in an establishment were you have to be independent but meals are provided. she has little in the way of valuables so does not insure anything. 

thnx

nn