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Car Accidents Caused By Family Member / Friend How Much Compensation Can I Claim?

By Mark Ainsdale. Last Updated 5th August 2021. 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 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.

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

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A guide to car accident caused by family claims

Family Car Accident Claims

Family Car Accident Claims

Claiming for compensation can be a complicated process. Making road traffic accident claims, in particular, can be problematic as there are so many variables to every accident claim. You may have many questions such as ‘car accident compensation, how long does it take?’, ‘what are the average car accident claim payouts?’ or ‘can I claim against a family member?’

We have years of experience in dealing with personal injury claims. We have put together this guide full of information about car accident family claims that will answer some of your initial questions. Once you have read through, you may then call us for a free consultation to discuss any other queries, and we can start your car accident claims process on a No Win No Fee basis.

What is a car accident caused by family?

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.

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.

Other details

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.

Children 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.

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 person is who is liable 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 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 to 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 make a medical report about your injuries, suggested 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, what was the weather like, how fast was the car going and so on. All these details may be taken into consideration by the court when deciding on your claim.
  • 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 car accident caused by a family member claim

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 would 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.

However, there are some injuries that people appear to be more prone to getting when in a car accident and these injuries crop up time and time again. The most common injuries from a car accident caused by a family member are:

  • Whiplash –

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.

  • Neck Injuries –

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.

Other injuries

• 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 the casualties self-esteem and confidence.

• Psychological Injuries –

This could include, as mentioned above, issues with self-esteem or confidence. But also could include cases of casualties 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.

Car accident and casualty statistics

In 2016, a total of 136,631 road traffic accidents were reported by the Police, and there were a total of 181,384 casualties with various personal injuries, 1,695 of those being fatal. The number of casualties has actually dropped by 3% compared to how many there were in 2015 and is currently the lowest on record.

Factors that may affect road traffic accident casualty numbers are:

  • How far people travel.
  • Behaviour of those in charge of a vehicle or behaviour of pedestrians.
  • The mix of different modes of transport.
  • How the numbers of newly qualified or elderly drivers can change things.
  • Weather.
  • Change on road layouts, re-surfacing, road works etc.

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. But we can provide estimates for payouts following a car accident caused by a family member. So, the table below provides many average compensation amounts for such accident injuries.

Reason for compensationTypical compensation amountComments
Mental anguish£3,550Fear of death and expectation of end of life
Loss of earnings£10,000 - £400,000Income lost will be considered as well as potential future income. There is a chance for a higher payout than the maximum based on the future earning potential of the claimant.
Loss of benefits£5,000 - £500,000This payout is based on the actual income lost, and again, there is the chance for a higher payout than the maximum depending on the claimant’s current pay grade.
Pain and suffering£1,000 - £200,000How much the claimant will receive depends on how much pain and suffering they have experienced.
Minor brain injury£1,675 - £9,700Brain damage will be minimal in these cases if any at all. The amount of compensation given will depend on whether there are headaches. It also depends upon the extent of ongoing symptoms, the recovery time and the severity of the initial injury.
Severe chest injuries£76,500 - £114,100This refers to serious heart or lung damage. Ongoing pain and suffering will be present.
Less severe chest injuries£9,575 - £13,650This refers to cases where the chest damage is relatively simple, but may have some minor permanent tissue damage, but no long term effect on the function of the lungs.
Minor head injury£1,500 - £9,500Damage to the head that does not cause any brain damage
Moderate head injury£12,500 - £200,000Injuries that affect mental capability, loss of motor function or a change in personality
Severe head injury / Very severe brain damage£214,350 - £307,000The extent of the physical limitations, the life expectancy and degree of insight will determine the level of compensation awarded. The maximum payout would depend on there being very little if any language or basic communication and also if the claimant shows awareness of the environment around them.
Minor shoulder injury£350 - £6,700Pain and short term restriction of the arm as a result of the injury.
Moderate shoulder injury£6,250 - £9,750Pain and limited movement of the arm.
Severe shoulder injury£9,500 - £37,000Pain and impaired movement of the arm.
Minor neck injury£1,800 - £6,200Pain and short term damage to the neck such as whiplash.
Moderate neck injury£29,600 -£42,300Long term damage causing pain and restricting movement.
Severe neck injury£35,500 - £112,450Severe pain and impairment of movement, maybe even paralysis.
Minor back injury£350 - £9,850Temporary damage to the back with short term pain.
Moderate back injury£8,750 - £30,750Permanent damage to the back causing ongoing long term pain
Severe back injury£29,750 - £123,300Loss of motor function or even paralysis.
Minor leg injury£1,800 - £17,900Fracture or break in one or both of the legs that will heal given time.
Moderate leg injury£21,750 - £104,100Function is lost in one or both of the legs.
Severe leg injury£75,100 - £215,000Having to have an amputation of one or both legs.
Minor post -traumatic stress disorder£3,000 - £6,000In cases where the accident has resulted in PTSD and will affect the claimant’s ability to function in the short term.
Moderate post- traumatic stress disorder£17,000 - £19,000In cases where the accident has resulted in PTSD and will affect the claimant’s ability to function in the medium term.
Severe post- traumatic stress disorder£45,000 - £50,000In cases where the accident has resulted in PTSD and will affect the claimant’s ability to function in the long term.
Spinal Injury Quadriplegic (Paralysis)£246,750-£307,000Very Severe Spinal Cord Injury
Spinal Injury Paraplegic (Paralysis£166,500 - £216,000Severe Spinal Cord Injury
Face Injury - Very Serious£15,400 - £73,200Severe scarring and / or facial disfigurement. The compensation amount will vary on the severity.
Face Injury - Moderately Serious£12,200 - £27,300The compensation will cover brakes and fractures to the face
Face Injury - Minor£1,700 - £12,350Compensation for scarring. Women very often receive more than men.

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 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.

Why choose us as your claims service for your car accident claim?

Looking for the best car accident claim company? Our personal injury claims firm offers a fantastic service. And we can help anyone needing to make car family accident claims. So, look no further!

We are a professional and friendly team with many years of experience. And our successful claims solicitors have a great track record for achieving the maximum compensation payouts again and again. Our reputation speaks for itself. Just have a look at our feedback.

We are friendly, honest and reliable and always treat our clients with respect and empathy. Indeed, we understand what you’re going through. So, it’s a tough time at the moment for you. Therefore, we carry out the claims process as efficiently and smoothly as possible, allowing you to concentrate on your recovery.

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 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

A detailed guide to car accident claims

A detailed guide to everything involved in claiming car accident compensation.

Guide to claiming compensation as a passenger in a car accident

How to claim compensation if you were a passenger involved in a car accident.

Car Accident Caused By Family Member FAQs

Can a passenger claim for whiplash?

A passenger can make this claim just as a driver could do the same.

Who determines who is at fault in a car accident?

This relies on any CCTV or photographic evidence or any eyewitness statements.

Can you claim compensation for an accident that wasn’t your fault?

Yes, if you have the evidence to prove that someone else is responsible, you could potentially claim compensation.

What are the 3 most common things to cause a car accident?

These are distractions at the wheel, exceeding speed limits and also drink-driving.

Can you prove you have whiplash?

This requires the results of a medical assessment by your doctor.

How do insurance companies find out who is at fault?

They tend to focus on the evidence available to decide who holds the most responsibility.

How do you prove a car accident wasn’t your fault?

You should take photographs, exchange contact details and speak to the police and witnesses.

Does whiplash show up on an MRI?

No, whiplash is not sufficiently noticeable on the results of an MRI scan.

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

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