Compensation claim

[Angelbones12]

My wife was injured in a bus braking suddenly which resulted in her falling very hard on the floor fracturing her right hip as evidenced by X-rays. Does anyone know the best way to claim compensation from London Transport. Who is the best "No win, No Fee" company if that's the way to go.We were enquiring with National Accidental Helpline who basically told us to go to Citizen's Advice, get in touch with L.T.'s insurers or get our own solicitor. Dah! Aren't these people supposed to be doing all this?From what I gather they are just a bunch of conmen.Can anyone recommend the best course of action?

[Postdog]

What they were basically saying to you is they think you have little chance of making a claim, and as such, it's not worth their while.

You could try another firm (don't say you have asked elswehere) or you can do as suggested.

[Ethel]

No win, no fee companies will only help when you are almost guaranteed to win - they get no money if you lose.

For your wife to successfully sue the bus company she would have to prove the driver was negligent. If he had to brake suddenly because a child ran out in front of him or another driver cut him up, as examples, he would not have been negligent and so he claim would not be successful.

Does she have witnesses that will say the driver was not driving with proper care and attention, or was driving negligently, or braked hard for no good reason? Was he speeding, perhaps?

Any solicitor will advise your wife of the options available to her - she may get a free half hour consultation or may have to pay for this advice.

[Angelbones12]

No, he just sped through a red light, asked my wife if she was alright after she fell to which she stupidly said yes, but I suppose you think its a bruised leg you're gonna have and you're in shock too; so I told her she should not have said that and at least told the driver to call an amulance just in case .
Yes, another useful aid would've been to have had a couple of names and addresses of witnesses, so all in all what with the vast might of LT's lawyer's to defend itself, it doesn't look good.The driver asked her if she was alright.If she had said no, then he would have beeen bound to report it and radio in an ambulance. Doesn't look too good for her.But thanks anyway guys.

[sara3]

as a word of warning, my neighbour used a "no win no fee" company a few years ago. she had to pay for all tests, reports, examinations they told her she needed, herself (plus all expenses). it got quite expensive.

so, no fee to the company, but they didn't help with any expenses either.....

I wondered if the company and (many) examiners were possibly in it together!

[Angelbones12]

Funny you should mention that Sara, because when I was surfing the web for such companies and suggested National; Accident Helpline as a poss.to my wife, and we refused them on the grounds of being useless as I mentioned before, I then suggested she phone up AccidentDirect who seemed much more ameanable. Initially, they seemed very interested, but after a day or so they rang up and said they could'nt take the case on for 'conflict of interest' or some such baloney and said they would refer her to a solicitor. What's that all about? If they meant they also acted on behalf of LT as well they would have said so on my initial enquiry. I reckon cos I gave NAH a rollicking, they somehow got to hear about it and backed out. Also, I reckon a lot of these companies are subsidiaries to others?

[Ethel]

I'm sure the 'conflict of interest' was an excuse because it is by no means certain your wife would win.

It is going to be her word against the driver's and he is not going to admit to jumping a red light, assuming the police haven't prosecuted him for it - a lot of red lights have cameras.

I strongly recommend you invest time and possibly money in seeing a local solicitor. He or she will tell you honestly if it is worth pursuing.