Car Accident Compensation.

[Jeanette]

Hi Mark,
I'm Louises Mum and I'm after some advice for my sister, Louises aunt.
Her son, my nephew and his girlfriend were involved in a car accident in June. They were hit by a van being driven by man who we have heard had a stroke whilst driving. They were both seriously injured, Alex was in a coma for a few days and then in hospital for 4 weeks, the police classed it as a fatal accident and were surprised they were alive.
My nephew hasn't worked since and has been told it will be a year before he is fully recovered, his car is obviously written off, his girlfriend has had to make changes to her living arrangements as she can no longer cope with stairs and my sister and her husband have had to take time out of work to be with their son.
This all happened in Northampton by the way and they live in Essex.
The thing is my sister is hearing various stories and now believes they wont be entitled to any compensation apart from her son getting another car. She has been told that because the other driver had a stroke, it wasn't his fault so no one is to blame.
He was fully comp by the way.
The other side have hired a solicitor, which makes me wonder.
Do you think they will be able to claim compensation for any of this?
My sister is so down and tired with it all.
Any advice or pointers as to what direction to go would be most appreciated.
Thank you. Jeanette.

[Lawyer Mark]

Jeanette,

Thank you for your message. I was sorry to hear of this accident at the time, which must have been incredibly traumatic for all involved.

What you have heard it right. For any compensation claim there must be fault. If a driver was not at faul when he caused the accident (ie heart attach or stroke suddenly come on) then there will be no compensation claim against him. This is actually quite a controversial area which many have sought to change for the exact same reason your relatives find themselves in.

What they do need to do is ensure that what they have heard was true (ie that he did have a stroke). The police will no doubt be investigated this and will want medical evidence as they are no doubt considering a dangerous driving charge if he was not having a stroke. They therefore need to obtain categorical evidence that there was a stroke. Also, if the person had the stroke earlier and was then driving or had previously had a stroke and been told he shouldnt drive then he would be liable and there would be a possible claim.

Other practicial suggestions is checking their own insurance policies (not just motor) to see what kind of cover they have for potential loss of earnings, incapacity, legal fees etc.

If you can find this info out I can advise further. My email address is mrothman@leonardgray.co.uk and I would be happy if you wanted to email me directly or call me for a chat on 01245 504904

Kind regards
Mark

[Jeanette]

Thank you for replying so quickly Mark.
I have just spoken to my sister and relayed your information. She wasn't surprised and is reluctant to tell her son that he may not get anything.
He doesn't have any other insurance it seems and is employed by his father.
The lawyer from his car insurance will I hope be following up as to whether it was a first stroke.
I suppose that is all they can hope for now.
What a dreadful situation.
Jeanette.

[XxJack~AcexX]

Ohh Jeanette How worrying too. x

[Jeanette]

Yes it's awful isn't it.