Family Member Car Accident Compensation Claims

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Car Accidents Caused By A Family Member Or Friend – Can I Get Compensation?

Updated by Max Mitrovic on 27th October 2022. Welcome to our guide on a car accident caused by a family member. Unfortunately, car accidents do happen that frequently result in minor to severe injuries and also death. Being involved in a car accident can be a harrowing experience and can leave people with physical injuries and psychological injuries due to the trauma and nature of being in an accident.

When a family member is to blame for a car accident, this in itself can cause extra stress and anxiety as relations between the injured, and the family member may suffer as a result. Claiming against a relative often feels harder because you may feel that you are betraying them, even though you are within your rights to claim compensation. But our personal injury solicitors can help with this. And they will do everything they can to win you the injury compensation that you deserve.

If you have any questions about the claims process, you can contact our advisors at a time that works for you. They provide legal advice, and can answer queries such as, “can a child claim for whiplash?” and “how much compensation could I receive?” Furthermore, they can also connect you with an experienced solicitor who could work your case on a No Win No Fee basis. 

You can call our team on 0800 073 8804. There are other ways you can contact our team. You can contact us through our website or, if you prefer, write to us using our Live Chat window you now see on your screen. 

Read on further for legal advice about the car accident claims process and how we can help you get compensation for a car accident.

Select a Section:

What is a car accident caused by a family member or friend?

Family Car Accident Claims

Family Car Accident Claims

This refers to when a family member is liable for a car accident where you have suffered an injury. For example, you may be a passenger in their car when they have an accident due to their negligence, or you may be involved in a collision where they are the other driver. It doesn’t matter if the person at fault is a family member. You can still claim compensation if you’re able to prove that the accident was caused by their negligence.

When considering a car accident caused by a family member, there are commonly two types of accidents involving relatives.

1). Accidental collision: You are a passenger in your relative’s car. If your relative is liable, you can claim from their insurance.

2). Planned Collision: Although rare, this is when a collision is planned at low velocity to make a fraudulent claim. The trouble with this is, this makes low-velocity types of claims more difficult to process even if it was a genuine accident, as insurance companies are meticulous in going over all the details so that they are sure that it wasn’t a planned accident.

However, if you were involved in a planned collision but were unaware that it wasn’t genuine and got injured, as a result, you may still be able to make a claim.

Can A Child Claim For Whiplash?

Given that whiplash is a common injury from car accidents, you may be wondering, “can a child claim for whiplash?” Not only can children claim for an injury, they can also claim against a family member. Anyone under 18 can make personal injury claims as long as a parent or guardian can assist them as their litigation friend. However, if a child was a passenger in their parent’s car and was injured as a result, and the parent driving was liable for the accident, they cannot have that particular parent as their litigation friend as it would be seen as a conflict of interest by the court.

Regarding whiplash, specifically, it’s also important to consider the Whiplash Reform Programme. If you’re over 18 and your injuries are worth £5,000 or less, you will need to claim through an online portal, as described in these reforms. However, if your child has experienced whiplash or your injuries are worth more than £5,000, we would still be able to help you receive compensation. 

If you’re unsure how much your injuries are worth, we can help. We can provide you with a compensation estimate over the phone for free which can give you a better idea as to what your injury could be worth. 

Can I sue a family member if I was a passenger in their car?

In short, yes! It doesn’t matter if the person at fault is a relative of yours. If they are liable, then you can claim compensation from them.

Being a passenger in a car leaves your safety completely in the hands of the driver. If you sustain injuries because you have been involved in an accident and your driver is at fault, you can make road traffic accident claims. After all, 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 liable person is if the accident is not your fault and you’ve been injured, then you’re entitled to make a claim.

If you are still unsure, please feel free to contact us for advice and guidance as our solicitors specialise in car accident family claims.

Will it affect my family member’s insurance if I claim compensation?

The insurance premium may be affected if you are claiming against your family member’s insurance. 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 will depend on the amount of compensation being claimed.

What to do if you are involved in a car accident causing injury which was caused by a member of the family

First and foremost, the most important thing to do is get medical attention and have any injuries checked and treated so that you are stable and on the way to recovery. After you have done this and feel ready, you may want to start a compensation claim. There are a few things you can do to help with your car accident caused by a family member case, such as:

  • Photos – If you can, take photos of the accident scene, the damage to the car, condition of the road etc. Also, take photos of your injuries as visual proof of the pain and suffering you have endured due to the accident.
  • Witnesses – Get any witnesses’ contact details so that you can get a statement from them. Witness statements are really good for strengthening your case.
  • Proof of expenses – Keep a record of all the expenses you have incurred due to the accident, such as prescription fees, treatment costs, travel costs etc.

Next steps

  • Medical report – Make sure you see a medical professional who can make a medical report about your injuries, and suggest treatment, and recovery period.
  • Write it down – Try to write down everything you can remember about the accident and the circumstances around the time of the accident, such as date and time, how many vehicles were involved, how fast was the car going and so on.
  • Report to the Police – All accidents are required to be reported to the authorities. Although it isn’t technically your responsibility to do this as a passenger, make sure that it is done. Apart from fulfilling a legal obligation by reporting to the Police, it could be helpful for your case if you could get a copy of the Police report.

How to begin a claim following a car accident caused by a family member

If you have suffered an injury due to being involved in an accident where a family member was at fault, you will be entitled to make a claim. Car accident family claims can be very complex, so getting a solicitor who has experience in such claims and a good track record of getting the maximum car crash compensation payouts would be the best solution.

Our solicitors have a brilliant reputation for successful road traffic accident claims, and so you can be assured that you will be in good hands with us, so give us a call. When you call us, we will give you a free consultancy session where you can discuss the details of your case in confidence. During this session, you can ask as many questions as you need about the car accident claims process and anything else you may be unsure of regarding your claim. Also, during the session, we will ask you some questions so that we have a good base to start building your claims case on.

Next steps

Family car accident

Family car accident

Once we have all the initial details we need, we will start to set your claim in motion with your go-ahead. All our specialist car accident family compensation claims lawyers work on a No Win No Fee basis, so there is absolutely no financial outlay for you and no unexpected bills. You will only be required to pay legal fees if your case is a success.

Sometimes a local medical needs to be arranged. We would arrange this for you at a clinic local to you, it is nothing to worry about, and it wouldn’t cost you anything. However, if you have any concerns about a car accident caused by a family member claim, we can discuss these during your free consultation.

I was a passenger, can I claim against a family member who was at fault?

If you were a passenger in a car accident and a family member was at fault, you can still claim compensation against them.

However, as also explained earlier in the guide, if the car accident caused by a family member was at low velocity, making a claim could be trickier as insurance companies are increasingly sceptical about whether these claims are genuine or indeed fraudulent. Certainly, in cases such as this, a good solicitor should be advised. We have many years of experience, so please give us a call to shed more light on the matter for you.

What can be claimed for after a car accident causing injury?

There are lots of things that should be taken into consideration to form part of your claim. Some of these that you can include are:

  • Medical Expenses – Any extra costs that you have encountered due to your injury, you can add to your claims, such as any prescription fees, counselling costs and treatment costs.
  • General Damages refers to the amount of compensation you will receive that reflects the pain and suffering you have endured.
  • Travel Expenses – Any costs of travelling to and fro the hospital, any vehicle adaptions that you have required and any alternative method of travel costs should be included.
  • Loss of Earnings – This covers any loss of income as a direct result of the injuries sustained and also the loss of any potential future earnings.
  • Care Claim – If you have had assistance around the house while you recover, the person who has cared for you can file a claim.

The most common types of car accident injuries

Many different injuries can occur when someone is involved in a car accident, and any part of the body could be affected. The injuries can range from minor to severe or even fatal, depending on how bad the crash was and the circumstances in which it happened.

The most common injuries from a car accident caused by a family member are:

This is where the head is forced backwards and forwards in quick succession. When this happens, the cervical spine is put under immense stress, and the muscles in the neck often end up torn and stretched. This causes the neck to be stiff and painful with reduced movement. Car accident claims whiplash is probably the most common.

The neck is a very vulnerable part of the body when put under stress, such as in an accident. Injuries can often be severe, and treatment and recovery can take a long time. And sometimes, full recovery becomes impossible.

• Spinal Cord Injuries –

These can take a long time to heal, can leave lifelong problems or even cause paralysis.

• Brain and Head Injuries –

A concussion is very common in car accidents caused by a family member and can cause the casualty to feel dizzy and nauseous. Severe head injuries or fatal ones are fortunately less common but always possible.

• Back Injuries –

As with spinal cord and neck injuries, back injuries can be extremely debilitating and life-altering.

• Facial Injuries –

These can range from minor to severe bruising, scarring or broken bones. Other than being very painful, they can also affect self-esteem and confidence.

• Psychological Injuries –

This could involve the injured person experiencing depression and anxiety brought on by a fear of going onto the road again. In severe cases, this could also involve them experiencing post-traumatic stress disorder.

• Internal Injuries –

This refers to when a person is found to be bleeding somewhere inside the body. This type of injury can be life-threatening if not treated immediately.

How much compensation will I get after a car accident causing injury in which a family member was to blame?

We cannot guarantee what compensation you might receive from a car accident injury without knowing the full details.

However, the figures below, supplied by the Judicial College, can give you a better idea of what you could receive. They have created compensation brackets by comparing previous payouts to the severity of different injuries.

Edit
Type of Injury Severity Bracket of Compensation Features of Injury
Neck Severe (iii) £42,680 to £52,540 Fractures, dislocations or soft tissue injuries or ruptured tendons that lead to significant disability and chronic conditions of a permanent nature.
Bladder Loss Up to £132,040 Complete loss of control and function.
Back Moderate (i) £26,050 to £36,390 Injuries causing residual disabilities, such as a lumbar vertebrae compression/crush fracture.
Back Moderate (ii) £11,730 to £26,050 Muscle and ligament disturbance causing backache or soft tissue injuries either accelerating or prolonging a pre-existing condition, usually by five years.
Arm Fracture £6,190 to £18,020 Simple forearm fractures.
Post-Traumatic Stress Disorder Moderately Severe £21,730 to £56,180 Some recovery will be made through professional help. However, potential symptoms include flashbacks, nightmares, general sleep disturbance and mood disorders.
Elbow Severely Disabling £36,770 to £51,460 An injury of a severely disabling nature.
Hand Moderate £5,260 to £12,460 Penetrating wounds, crush injuries and deep lacerations where a permanent disability remains after a failed surgery.
Leg Moderate £26,050 to £36,790 Complicated or multiple fractures or severe crush injuries. These crush injuries are usually to a single limb.
Leg Fracture £8,550 to £13,210 A simple femur fracture with no articular surface damage.

If you don’t see your injury on the table, don’t worry. If you would like a more relevant compensation estimate for what you could receive, contact us for free legal advice using the details below.

No Win No Fee car accident claims

All our car accidents family claims solicitors work on a No Win No Fee basis. So this means that you don’t receive a charge for any legal costs until after your claim wins. On the flip side, if your claim isn’t successful, you don’t have to pay us anything at all. Therefore you are not taking any financial risks by claiming with us.

Any car accidents claims can be a long, drawn-out and often complicated process. And what if you choose to work with a solicitor receiving payments by the hour? Well, you could find that the cost of legal fees could rise and rise with no ceiling. And all without any guarantee that compensation will receive full payment in the end. Also, one such solicitor may not push your case through as hard, as they receive their full pay anyway. So, it doesn’t really affect them financially if your case is unsuccessful or slow to get a result. And that could potentially cause you a great financial loss.

But with our No Win No Fee policy, you really have nothing to lose as there is no financial gamble. Our payment relies on your compensation claim being successful. So, we will work even harder to ensure you receive the maximum amount of compensation.

Call for free advice and to start a claim

If you have been involved in a car accident that wasn’t your fault and want to make a claim against a family member or have any questions about car accident family claims, all you need to do is call us on 0800 073 8804. A member of our staff will help you with claiming against a relative. They shall explain the process of making a car accident caused by a family member claim. Furthermore, they will explain what the process involves and how you can begin your claim.

We are a friendly and professional team. And we will do everything to make sure that the result is the best it can be.

Useful Links

NHS whiplash advice

This link leads to the NHS advice page for whiplash. So, it explains what it is, symptoms and treatments which could be helpful if you suffer this injury.

Government car accident advice

This advices on what details to give if you’re in a car accident. It also explains what to do when you have an accident with a driver that doesn’t have insurance.

Road accident statistics

This has all the car accidents statistics over the past few years, which may interest you.

Road Traffic Act 1988

This is the government legislation on the Road Traffic Act 1988

We also have some other guides on car accident claims that you may find useful:

Thank you for reading our guide about a car accident caused by a family member.

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    Meet The Team

    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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