Legal (ish) advice/help

Status
Not open for further replies.

germanyjim

Winger
My sister in law (definitely not, come on!) was in a rather bad car accident in January this year. She was hit head on, on a country lane by a driver who had a heart attack. The authorities have said the the other driver was dead before the impact.
My s-i-l has been off work since then and her company has now stopped her pay so she is on statutory sick pay only, about £80 a week I believe.
I believe her lawyer has said there is no way to get compensation as the other party died.
Has anyone come across a situation like this before? She is in real financial trouble now through no fault of her own.
I'd be grateful for any real advice. Thanks
 


My sister in law (definitely not, come on!) was in a rather bad car accident in January this year. She was hit head on, on a country lane by a driver who had a heart attack. The authorities have said the the other driver was dead before the impact.
My s-i-l has been off work since then and her company has now stopped her pay so she is on statutory sick pay only, about £80 a week I believe.
I believe her lawyer has said there is no way to get compensation as the other party died.
Has anyone come across a situation like this before? She is in real financial trouble now through no fault of her own.
I'd be grateful for any real advice. Thanks
If he was insured I'd have thought she'd be claiming on his insurance policy for loss of earnings, accident compensation and physio, failing that her own insurance?

If all else fails shit on his grave
 
His insurance, if she had legal assistance on her policy they will help. She could also call MIB (motor insurance bureau) for advice.
 
The insurance company say that as the accident was not the person's fault as they were already dead they aren't liable. Which I think is outrageous.
What about if a handbrake cable fails on a car and it rolls into another car without a driver present. I had this happen to to me no (live) driver but claimed successfully.
 
The insurance company say that as the accident was not the person's fault as they were already dead they aren't liable. Which I think is outrageous.
Sounds like a shit lawyer she has in fairness, and if it turns out she can't claim on his insurance she could always claim on her own
 
The insurance company say that as the accident was not the person's fault as they were already dead they aren't liable. Which I think is outrageous.
That doesn't matter. If your car was stolen and someone crashed it into a wall, the insurance company who cover the vehicle have to pay it. So yes he had sadly passed away, but the insurance company still have to pay
 
My sister in law (definitely not, come on!) was in a rather bad car accident in January this year. She was hit head on, on a country lane by a driver who had a heart attack. The authorities have said the the other driver was dead before the impact.
My s-i-l has been off work since then and her company has now stopped her pay so she is on statutory sick pay only, about £80 a week I believe.
I believe her lawyer has said there is no way to get compensation as the other party died.
Has anyone come across a situation like this before? She is in real financial trouble now through no fault of her own.
I'd be grateful for any real advice. Thanks
She's been stitched up. He had insurance, and the insurance company are trying to pull a fast one, as they know the little man can't take them on

Some people will accept that, which the insurance co. are banking on. Insurance co. have nothing to lose by trying this, as best case scenario they don't pay out. They know they're liable, but worth a try to not pay.

Basically ALL insurance firms are
 
She's been stitched up. He had insurance, and the insurance company are trying to pull a fast one, as they know the little man can't take them on

Some people will accept that, which the insurance co. are banking on. Insurance co. have nothing to lose by trying this, as best case scenario they don't pay out. They know they're liable, but worth a try to not pay.

Basically ALL insurance firms are CUNTS
This. Get a court summons served against the estate of the dead driver, you'll soon see the insurance company sort it out.
 
She's been stitched up. He had insurance, and the insurance company are trying to pull a fast one, as they know the little man can't take them on

Some people will accept that, which the insurance co. are banking on. Insurance co. have nothing to lose by trying this, as best case scenario they don't pay out. They know they're liable, but worth a try to not pay.

Basically ALL insurance firms are CUNTS
f***ing hate the bastards it's an absolute racket. Have to pay through the eyes for cover but they will fight till the bitter end before paying out.
 
Absolute bollocks that the other person's death has any affect on her entitlement to claim, I would think. Because (1) the claim would be against the insurance company (and if he didn't have insurance IIRC there's a scheme where payouts against uninsured drivers are made) and (2) death has no relevance, anyway, because you can make a claim against the estate of somebody. E.g. the talk of those abused by Jimmy Saville suing his estate.

If her lawyer has really said that I suggest she gets another lawyer who knows what they're talking about and tell him to do one.

Also if all else fails that's the sort of story the media would love ... "woman disabled in car crash refused compensation because victim died SECONDS before crash" as the Daily Mail headline. Funny that whenever these scumbag companies are rinsed in the media they suddenly find the money to pay out.
 
Last edited:
Absolute bollocks that the other person's death has any affect on her entitlement to claim, I would think. Because (1) the claim would be against the insurance company (and if he didn't have insurance IIRC there's a scheme where payouts against uninsured drivers are made) and (2) death has no relevance, anyway, because you can make a claim against the estate of somebody. E.g. the talk of those abused by Jimmy Saville suing his estate.

If her lawyer has really said that I suggest she gets another lawyer who knows what they're talking about and tell him to do one.

Also if all else fails that's the sort of story the media would love ... "woman disabled in car crash refused compensation because victim died SECONDS before crash" as the Daily Mail headline. Funny that whenever these scumbag companies are rinsed in the media they suddenly find the money to pay out.
Excellent advice.
 
Hate to throw cold water on this, but when you make a claim against someone after an accident, you are doing so on the grounds that they acted negligently . Therefor unless it can be proved that the deceased party had been advised not to drive, or that they would have had reasonable grounds to suspect that they were suffering from a condition where loss of consciousness and or death were highly likely negligence simply did not occur.
 
Status
Not open for further replies.

Back
Top