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Daughter seriously hurt as passenger in boyfriend's car is pressured by his family not to claim or testify

by Murdo Maguire last modified 2007-01-02 14:44

On Christmas Eve my 17 year old daughter was a passenger in a car driven by her boyfriend which was involved in a collision in which she suffered a serious knee injury (which may need surgical reconstruction) and two broken ribs. The police arrested her boyfriend (who was unhurt) at the scene on suspicion of dangerous driving and later bailed him. Apparently he was racing a friend in another car, but independent witnesses have yet to be found. My daughter has told me privately this was the case but she currently won't confirm this to the police. Her boyfriend's family are putting her under pressure not to make any statement, nor to make a claim for her injuries as they say this may affect the police case against him and could result in him receiving a prison sentence. We do not wish to see him suffer unnecessarily, but the surgeons say my daughter might suffer a permanent limp and I don't believe the boyfriend is "the love of her life". What do you believe would be the appropriate action for me to take?

Parents in your situation often find themselves in a dilemma such as this and as you indicate the relationship is unlikely to survive in the long term.  Your daughter's health is the most important thing to consider at the present time.

First, as she is aged 17, you as her "Litigation Friend" can decide whether or not to bring a claim. The claim will succeed in principle in any event as she was a passenger (although if she was not wearing a seatbelt or her boyfriend was driving the excess alcohol and she was well aware of this, the award might be reduced).

Her claiming will have absolutely no effect on any police proceedings and you and she should get immediate detailed legal advice from a specialist motor accident solicitor (we can nominate a member of our solicitor panel who would be happy to provide detailed advice).

Your solicitors should be able to establish contact with the boyfriend's insurers immediately and see if they will fund private treatment that will aid her more speedy recovery.

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