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Partner seriously injured in road accident. What steps should the other partner take?
My husband was badly injured in a motorway collision when he braked to avoid a lorry accident in front to have his car struck from behind by another lorry. He has multiple physical injuries and remains in a coma. Although I work in a department store, he was a sales director for a bathroom company and provided much of our income. We have a large mortgage and I have already been contacted by his employer, who while being very supportive and sympathetic, hinted that they were examining their legal obligations to him. His doctors will not say whether he will recover or will ever work again. I spoke to someone from a claims firm over the holiday who are pressing me to sign up to them but they said it could take years before any payment might be made. What financial arrangements are usually made in such circumstances? Is there a possibility of an interim payment and are there any steps I should take to protect my interests?
I am very sorry to hear of your husband's terrible accident. Clearly you have urgent financial needs and assuming your husband does not have any insurance policies that make payment in the event of serious accidents, certainly you will be wanting your solicitors to apply for an interim payment as early as possible.
If the insurers of the lorry causing the accident concede liability immediately which they may well do if there were only the two vehicles involved, then there is every likelihood that they will make substantial interim payments. If liability is denied, then court proceedings need to be issued swiftly with the intention of a split trial so that the court can consider whether the lorry driver is to blame long before the claim is ultimately finalised.
If this was a multi vehicle collision or if the lorry was foreign, the position will be more complicated.
In any event, you should lose no time in getting solicitors instructed. We would be happy to arrange for a specialist motor accident solicitor to act in your interest.
In any event your solicitor should:-
- Establish contact with the insurers of the lorry immediately - so long as you are aware of the registration number of the lorry, this can be done by most Road Traffic Accident specialist solicitors instantly.
- Find out from your husband's employers whether he had legal expenses insurance which avoids the need for any no win no fee type arrangement.
With good professional help which should be at no cost to you, a lot of progress may be achieved in matter of days depending on the circumstances.
As to signing up with any claims firm, you should proceed with extreme caution.
- First, necessary enquiry must be made as to the legal expenses insurance position.
- Secondly as any court proceeding would have to be filed in your husbands name, you would need a court order enable you deal with the matter on his behalf.
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