This is a common quandary of people involved in accidents as a passenger when their friend or partner or relative is the driver at fault. As a passenger in a collision, you pretty much have a guaranteed claim in law. So if you are injured, you are owed potentially thousands of pounds in compensation.
But is it right to sue someone you know who is at fault? How might it affect them?
There’s really no need to worry
Now, when it comes to how you may feel morally, I can’t help you. But remember this – you’ve been injured due to their negligence. Of course it wasn’t intended, but at the end of the day, they are (or should be!) insured for these kinds of scenarios.
So the way to look at it is this – it’s nothing personal. In fact, nowadays it’s quite common for this to happen and people aren’t at all bothered if someone they know claims from them. I’m insured – if I was driving some friends to town and I was at fault for an accident, I’d tell them to claim from my insurance if they are injured.
In case you’re wondering though, there’s no gain for me as my firm likely couldn’t help – it could be a conflict of interest. I’d want them to claim because my insurance covers them and, well to be honest, I’d feel quite bad for injuring them!
As I say, it’s nothing personal – all you’re doing is claiming from the insurance that is there to cover you for this kind of thing!
Will it cost them?
Whilst we cannot properly advise on insurance matters, I have never heard of anyone incurring additional costs for people making a claim against them. What I mean by this is that their insurance is probably going to increase anyway due to the accident. It shouldn’t then go up more just because people are claiming. That’s not how it should work.
So it should not cost them anymore than it already will in increased premiums / excesses that they are already liable for.
Is there a conflict for claiming against someone I know?
Not at all – we use medical evidence to prove that you have been injured and to value the claim.
So if you are injured, our expert will confirm your injuries in their report. As I say, it’s fairly common for people to do this as the insurance is there to cover them!
Should I get a solicitor?
Defiantly! Don’t let the insurers trick you in to dealing with them directly just because you know the driver! You are at serious danger of under settling directly and statistics have shown you get four times more compensation when using a solicitor!
It doesn’t have any further affect on the driver – just their insurers in having to pay for legal fees.
