By instructing the fatal car accident claims solicitors, you will not be alone. Every death is a tragic chapter, and through life, it is something we will all experience. But when it is so sudden, and to the young, the pain is more than unbearable. Nobody can bring back the life of your wife, husband, partner, brother, sister, or even a child. However, the family left behind has to continue, even when it may at times seem pointless.
The legal side of things plays an important part following a death due to a road accident. It may seem like a blur to bereaved families, but it has to be done. The Government have historic legal authority over the body of the deceased, whether we like it or not.
Government’s Legal Authority Over the Deceased’s Body
At this point, a little footnote about the government’s duty is that it will investigate the cause of death following a fatal motor accident and undertake an autopsy of the deceased. It will appoint a coroner (with powers similar to a Judge) to conduct appropriate investigations into the circumstances of the accident. The coroner’s powers are wide-ranging, but the overriding duty is to search for facts rather than assign blame. The coroner will liaise with the police to identify any witnesses and consider any accident or collision reports. Once the evidence has been collated, a coroner’s hearing will take place, and witnesses can be examined by the solicitors and the Coroner.
The family then have to consider the practical side of things, like:
- Funeral arrangements
- Notification of all relatives and friends of the deceased
- Burial
- Headstone
- Financial affairs of the deceased
- Mortgage arrangements
- Rented accommodation
- Transferring house deeds/rent book
- Probate, Wills, Executors
- Life insurance claims
- Obtaining multiple copies of the death certificate to write to various third parties
- Writing to the benefits office.
- Advising the employer
- Advising the tax man
- Writing to the bank
- Liaising with the police
- Liaising with the coroner
- Attending the coroner’s court (inquest)
The list is long, but it has to be done. The legal duties are for all to see in the list above, and we have not even mentioned, at this point, instructing a fatal car accident solicitor to help you, the family and/or friends of the family to start the investigation into the car accident claim.
But due to our experience of dealing with fatal motor accident claims over many years, we appreciate the ‘little’ practical legal things, the paperwork, can turn out to be complicated or difficult for you to cope with at this most testing time of your life. Even though we will help with the main complex legal issues, such as investigating the cause of death, determining who is to blame, and claiming compensation, we also help you with the little bits of paperwork. It’s the least we can do to help and is part of our professional, complete service to bereaved families.
Mobile Phone Related Deaths in the UK
Causing death by dangerous driving or death by careless driving whilst using a mobile phone can result, in the former case a jail term of life. Drivers who cause death by using their mobile phones (it may also apply to using hands-free devices) may still get life. If the charge is death by careless driving, the jail term may be 14 years.
There were 10,000 reported motorists caught twice behind the wheel over the last 4 years. Incidents that may give rise to a charge for careless driving or dangerous driving are listed below, but beware, if a momentary lapse in using your mobile (or cell phone) caused death or serious injury, it may result in up to life imprisonment.
Many typical examples are:
- quick look at who texted
- texting
- making a call
- receiving a call
- checking emails
- sending emails
- playing music
The list is now endless with smartphones. Everyone is urged to put their mobile phone in the glove box to prevent temptation and the devastating result of an accident to the driver and to those who may be injured or killed as a result.
Uninsured Drivers
The police will investigate the details of the fatal accident and take criminal proceedings against the driver in the usual way. Common charges taken by the police in cases include careless driving and dangerous driving.
Where the driver is uninsured or untraced (most commonly referred to as ‘hit and run’), there is a scheme that has been set up to compensate families who have lost a loved one in a motor accident causing the fatal injury.
The scheme is called the Motor Insurance Bureau (MIB). Therefore, the MIB will pay any compensation that is due to the deceased’s estate and the deceased’s family for the motoring accident claim.
The Department of Environment, Transport and the Regions in 2001 made the following observations:
- Uninsured vehicles accounted for 4-6% of all vehicles, equating to about 1.1 million uninsured vehicles
- The cost to the insurance industry from uninsured vehicles was estimated at £400 million in 1999
- Motorists pay an additional premium of between £15 – £30 pa on their insurance premiums
To protect the public, the MIB scheme has been set up to compensate bereaved families if they have lost a loved one due to an uninsured or untraced driver.
To make a claim against the MIB, the uninsured or untraced driver must have been negligent or to blame for the accident in whole or in part. A fatal motoring accident cannot be claimed if there was no fault attached.
If the fatal car accident was an intentional act to kill or injure, then the MIB will not be involved, but the affected parties should consider making a claim via the Criminal Injuries Compensation Scheme.
No Fear or Worry Over Legal Costs
The furthest from a bereaved family’s mind we want to instil is that by instructing a fatal accident claims solicitor, they will fear that if the case is lost, they will have a large legal bill to pay. The point is that we can act under a NO WIN, NO FEE, SOLICITOR AGREEMENT, so you have nothing to worry about at all.
Thus, losing will not mean financial ruin. But what happens if you win compensation? This is where, once again, we are pioneers in the legal field. Due to a change in the law by the Conservative Government, which favoured £Multi-Million Insurance Companies, bereaved families will now have to pay up to 25% of the fatal car accident compensation to their instructing solicitors. It’s unfair, unjust and insulting, but due to legal cuts, most firms of injury solicitors have to force clients to pay the fees to survive.
However, by bringing a fatal road accident compensation claim through us, the bereaved families may still be able to keep 100% of the compensation, win or lose. NO DEDUCTION WIN OR LOSE, but please ask for details as this is subject to certain conditions.
Questions for Our Fatal Car Accident Solicitors?
At this point, you will have many questions unanswered. This is usual and understood by us. But that is the nature of your work; our advice and culture within the office are to answer all your questions and, if they are not ready to hand, to find them for you.
Grappling with the legal and factual issues can be daunting, but we are here to help. We said on this fatal road accident page that YOU ARE NOT ALONE, and that is how we shall end this information page. You are not. Every journey begins with a single step. The first step for you is to make the right choice and call or contact us. We will talk to you, understand your needs and concerns, and embark on a joint journey to uncover the truth and secure the maximum compensation for you and your family. Money is not everything; that is certainly true, but it helps the family avoid financial struggle or ruin following a sudden motor accident death.
