The hurt of loved ones following a fatal road accident is compounded when the person who caused the death was uninsured.
It is difficult enough to have to deal with the legal complexities following the sudden and unexpected loss of a close family member but then having to find out there is no insurance just makes matters more difficult.
Step in the Motor Insurance Bureau, who can deal with fatal car accident compensation claims if the driver of the vehicle that is at fault was uninsured or untraced.
Fatal Car Accident Uninsured Driver or Untraced Driver
If the driver that caused the death cannot be traced or even if traced has no insurance solicitors acting for the bereaved family will take action against the driver via the MIB. The MIB is a fund set aside by a pool of insurance companies to compensate loved ones for the death of a close family member, funeral expenses and financial dependency losses.
Many fatal car accident claims are taken against a driver that is properly insured but there it is still not uncommon for the MIB to be involved.
Many fatal car accident claims are often following by criminal charges brought by the police for such offences as:
To take specialist legal advice from solicitors who deal with fatal car accident claims is necessary to over-come the legal complexities that often accompany fatal road traffic accident compensation claims. Not every solicitor who deals in personal injury will have all the necessary expertise to represent bereaved families.
Contact us now the fatal accident claim solicitors, we are here to help you every step of the way.
Every road death is a tragedy and for the deceased’s family and friends a life changing event that will last their entire life time. Government statistics confirm that there were 440 road deaths between April and June; over 1,700 fatal road accidents.
The following road deaths recorded following fatal road accidents statistics are relevant to 2003:
Assist and attend any criminal hearings against the Defendant
Prepare a full and financial fatal road accident assessment for Compensation
Advise you and your family with any legal issues arising from the fatal accident claim
Prepare and apply for probate
Claim for funeral expenses
Identify those family members who can claim compensation
Claim a bereavement award
Advise you with any financial issues arising out of the death
If liability is admitted, to obtain interim compensation payments to help your immediate needs for the fatal road accident.
Prepare the fatal road accident case for Court
Obtain the maximum compensation for all dependants.
No Win, No Fee, Solicitor
As specialist fatal road accident solicitors, we undertake all work under a No, Win, No Fee basis, so despite the complex legal and factual issues that can arise from an accidental death, you and your family will have no money worries by instructing us.
0% or Low Solicitor Success Fee if you Win
Due to a change in the law, fatal road traffic accident solicitors can take up to 25% of your compensation if you WIN, by way of a “Success Fee.” So for every £100,000, you may have to pay up to £25,000 to your fatal accident Solicitor leaving you with £75,000. That compensation award has to last you and your family a lifetime and to go to a personal injury solicitor could leave you seriously out of pocket.
Ask Your Solicitor: What will it cost if you win my Claim?
Our Success Fees Cap starts at 0%. The majority of our success fees are only 12.5% plus vat however. Simply by instructing us, can save you £Thousands in fatal road accident compensation, leaving you with the potential of obtaining 100% of the compensation. We believe the compensation is much better in your pocket than ours despite what the Government believe.
Fatal Road Accidents In Your Area
The following statistics can be found on the BBC News Website from 1999 to 2010
Fatal Car Accidents and Compensation Claim Solicitors
Nobody can put a cost on the death of a loved one following a fatal car accident. The personal tragedy, pain and suffering is immeasurable. Whilst the law treats the death of a loved one following a fatal car accident as the same as other tragic accidents, fatal car accidents deserve a particular mention here because of the number of deaths on the Road (about 3,000 per year).
It is often the case that death by dangerous driving often leave bereaved families let down by the Justice system. With only 60% of drivers being procectued and an average prison sentence of 4 years really is not good enough. With compensation that follows a fatal road accident by dangerous or careless driving, totally inadequate, it is common feeling of injustice for the victim and the family left behind.
The two main types of fatal accident claims that arise from the following charges made out by the police:
Fatal road accident claims may also arise without any charge of criminal activity on behalf of the driver(s) to blame. This is because to charge a driver with death by careless or dangerous driving requires a higher standard of proof by the police (or Crown Prosecution Service ‘CPS’). The phrase most people would have heard from films is ‘proof beyond reasonable doubt.’ However in a civil claim as opposed to criminal, where compensation is claimed against the driver(s), the standard of proof the fatal accident solicitors need is ‘on a balance of probabilities’ i.e. proof of blame above 50%.
Help & Support When You Need It – Fatal Accidents
Despite the hurdles families have to face when they lose a loved one following a death in a fatal car accident, nevertheless there is an enormous amount of work we can do to help you. From helping with the investigations about the cause of the fatal road accident to dealing with the paper-work and compensation amount we will be here for you every step of the way.
Our NO WIN, NO FEE, SOLICITOR service means that there will be at least one less worry on the families behalf by instructing us the specialist in fatal car accident claims.
Fatal Car Accidents – Multiple Hurt
With fatal car accidents the tragedy is often amplified by the fact that the same members of one family and/or close friends are often occupants in the same car. In a number of cases, several family members are killed. The effects are devastating and even more so if the driver of the same family was at fault. We will be here to support the family get to the truth and guide them through the legal maze and see a sense of justice through the pain and hurt.
At R James Hutcheon Solicitors we do understand that compensation is often a secondary thought, but making a claim helps maintain financial stability and relieve the financial worry and stress that comes with losing a a loved one especially if they were the main “bread winner.” Below is a list of most common questions asked by bereaved families:-
Who will pay the bills?
Who will look after the children?
Often a claim out of financial necessity as well as getting to the truth of what happened tends to be the dominant factors when family dependants instruct solicitors.
It’s not just about compensation.
Our specialist fatal accident team helps the family achieve a sense of justice by taking action against the Defendant to prove fault and to legally represent the family at the inquest to help investigate the cause of death.
Family Claims – Passengers in a car will nearly always be entitled to compensation against the driver of the car they are traveling in, the driver of the other car or both. This is because they are innocent victims which sometimes means that they (or their estate) will have to claim against a family member who was at fault when driving the car they were traveling in. However, and in reality it is the insurance company of the driver who will pay the compensation.
If the driver does not have any insurance please see below in respect of “MIB” cases. In such tragic cases a claim for compensation must be considered and expert solicitor representation should be sought.
Uninsured or Untraced Fatal Car Accident Claims (MIB Claims) – A sizable number of fatal and non-fatal but serious accidents result in a driver being uninsured or failing to stop at the scene of the accident. You should not give up hope in claiming compensation as the Motor Insuers Bureau (“MIB”) was set up to compensate victims/family members of car accidents. Compensation will be payable in the usual way.
Not everyone connected to the deceased can claim compensation. The law limits the type of people who can claim. The word “family” and “dependants” are used to describe close family ties with the deceased such as children, wife or husband as this group of family members are often the most affected in a fatal accident claim and usually “dependant” upon the deceased.
Therefore the person(s) who can claim on behalf of the deceased are those close family members who were in some way “dependant” upon the deceased before and at the time of death which include:
Deceased’s infant children
Parents of the deceased
Any person who was living with the deceased as husband or wife immediately before the accident and was doing so for at least two years prior to the accident
A fatal accident claim on behalf of the deceased can also be made if the deceased would have been able to claim compensation himself/herself at the time of death.
For further reading please click onto the following links on our fatal accident web site:
The number of fatal road accidents in Britain for 2007, according to the Department of Transport, fell by 7% from 3,172 in 2006 to 2,943. The number of non-fatal serious injuries on the road were 30,720. There were 247,780 road casualties. The number of fatal accidents among car users were 1,431 and non-fatal serious injury accidents 11,536. The number of fatal accidents and non-fatal serious accidents involving children was 3,090, of those 1,899 were pedestrians, 121 children died on the roads. There were 644 pedestrian fatal accidents. Pedal cyclists fatal accidents fell from 146 in 2006 to 136 in 2007, serious non-fatal accidents rose by 6% to 2,428. There were 588 motorcyclists fatally killed, the number of fatal and non-fatal but serious accidents rose on the previous year to to 6,737. All motorcycle accidents was 1% higher at 23,459. The Cost of road accidents is estimated to about £20,000 million in which 95% are of human error. One is seven people fatally killed on the road have a drink-drive element. There are about 31million vehicles on the road. Deaths of the road to car accident for further reading and advice.
Fatal Accident Claims is the trading name of R. James Hutcheon Solicitors, a limited company registered in England and Wales (registration number: 10156229). Registered office address: 98 Rose Lane, Liverpool, L18 8AG. VAT registration number: 872002651.
We are authorised & regulated by the Solicitors Regulation Authority (SRA number: 630314) and a member of the Law Society.