Compensation claim for brain injury in road accident where liability is disputed

My 17 year old son was a driver involved in a road accident in which he received serious brain injuries which means he has difficulty communicating and may see him need care for the rest of his life. The other driver was also injured but with no brain injury and he says my son was responsible. The accident took place at night on a narrow road with high banks either side. The road is not quite wide enough for two vehicles to pass and the two vehicles appear to have hit on impacting each vehicle on the driver's side. There were no witnesses. I spoke to our family solicitor about making a compensation claim as this will impose a considerable financial burden on us but he said we would have to wait for the police report and the insurers to agree liability. My daughter said we should seek advice from an injury specialist as they may take more notice of the other driver as he can better argue his corner. I am deeply concerned that my son might be deemed at fault and we will not be able to bring a compensation claim or get the care for my son which he will very much need.

In principle your daughter is quite right. In a catastrophic injury claim, you need a specialist solicitor and subject to approval from any legal expenses insurer, some assistance from a liability investigator or accident reconstruction expert may be justifiable. As your son is under the age of 18, the decision lies with you in any event at this point and you should contact us for further immediate accident legal assistance.

The insurers of the other driver may well take the view that they may have a liability and thus offer treatment or instruct a rehabilitation expert, so they should be contacted immediately rather than awaiting the outcome of any police report.

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