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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
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My wife and my two daughters were on a bus (train replacement

Resolved Question:

Hi my wife and my two daughters were on a bus (train replacement service) on the 31/03/16. There was an accident in which the bus driver drove into the back of a bin lorry.
My wife was uninjured but Helen received a black eye and Anna a bruised nose and we spent 3hours at A&E getting them checked out. The police phoned last night to say the driver is facing a minimum of a retraining course. Is it worth making a claim?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. So to clarify the only injuries suffered were a black eye and bruised nose?
Customer: replied 1 year ago.
Yes
Expert:  Ben Jones replied 1 year ago.
These injuries will be described as minor so any damages they attract will be minimal. We are talking a few hundred at most for each but it could be considerably less too. What you can do is try to resolve this directly with the company first, approaching them and asking them for compensation – they may agree to pay something just to try and avoid you having to take the matter further. If you have no luck with the company direct then you may consider making a personal injury claim in the courts. You should be mindful that you will have to pay a claim fee and a hearing fee and the compensation you recover may not be large at all due to the fact that these injuries would be at the lowest end of the scale, however it is an option should you choose to pursue it. This is your basic legal position. I have more detailed advice for you in terms of the options you have if you decide to take it down the legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
Thank you for the advice I have no further questions.
Expert:  Ben Jones replied 1 year ago.
Thank you. Just in case you need to know the next steps, whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be submitted to the County Court by completing form N1: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.