Car accident - compensation?

[xanderma]

My elderly parents have been involved in a car accident which was no one's fault, just an accident pure & simple. Thankfully they are OK, but my mum has a back injury which will keep her away from work for a while. They struggle for money at the best of times, so I'm worried for them.

Believe me, I'm the first to frown on this 'compensation for everything' culture that we're breeding in this country, but at the same time, I don't want my parents to have any more to worry about than they already have.

My question is - because there was no third party involved, is there anyone they can turn to for compensation to cover loss of earnings? I'm not looking for thousands for them, just day-to-day expenses to ease their load.

[dzug]

An accident is very rarely 'no-one's fault' - almost invariably it is down to someone (often both drivers) doing something wrong, often just a minor error or slip.

If your father was driving she can sue him. Harsh, but I think the only avenue open.

[xanderma]

I just knew as I typed it that someone would reply saying it must be someone's fault - at least you didn't disappoint me.

The accident happened when two cars passed my father in the outside lane of the motorway at high speed, causing his caravan to snake and quickly overturn. My father's caravan has an up-to-the-minute towing bracket, which thankfully absorbed the turn of the van otherwise the car would have gone as well, which doesn't bear thinking about.

The cars which passed were not speeding, so no fault there, nor were they too close. It was simply a combination of the air current from the passing cars, the tanker in front of my father and the lorry on the inside lane - no one's fault, just unlucky circumstances.

My mother would never sue my father, I can see where you're coming from, but their generation just doesn't think like that.

Any more ideas anyone?

[sue11]

Hi xanderma, I can see the point that dzug is making, the fact that in effect, your father is responsible for your mothers injury regardless of the circumstances. Therefore they need to put feelings aside and do what is the best and most sensible thing in these circumstances.
I have heard of husbands and wives sueing each other through the insurance company, normally when this is the only way to get compensation. I am presuming that the insurance company is already paying for the repairs to the vehicle and if this is correct, then why should you not consider that they should not pay for 'repairs' to a person?
If a third party had been involved and was deemed to be at fault, your parents would have no hesitation in bringing a case against the insurance company, so they need to the same in this case. Hope I have been of some help.
Cheers Sue

[Ethel]

For compensation to be awarded there has to be fault. If you and your parents are adamant that nobody was at fault there is nobody to sue.

It is not unusual for family members to sue each other in the case of injuries from road traffic accidents.

People take out insurance to cover their loss of earnings in the event of sickness, injury or accident. If your mother does not have such insurance there is no other avenue available to her.

If her loss of earnings put them below the threshold, they may be entitled to benefits such as Council Tax benefit and some form of income support.

[xanderma]

OK, some food for thought there, thanks everyone for taking the trouble to post.

[BenDToy]

Sue11 (good name for this question!!) is correct. Please don't see it as your mother suing your father. She would be making a perfectly legitimate claim on his insurance policy. That's why he pays it after all, and it is not so unusual to claim on it. The "fault" is irrelevant. He is insured to cover damage to his car, and personal injury for himself and his passengers. It is not a question of suing him, just claiming on the policy which is there to provide this cover. Please don't let them ignore this - they can, and should, claim for this. Persuade them to talk to the insurance company (or broker