If I Sue My Friend for Personal Injury, Who Pays My Compensation?
If you sue your friend for a personal injury, your compensation is usually paid by their insurance company. It is very rare that your friend would have to pay your settlement from their own pocket.
Claiming against people you know
If you are injured through no fault of your own, you are legally entitled to make a tort claim – known more commonly as a personal injury claim. The lawsuit is made against the person or organization responsible for your injuries. Understandably, this might be slightly awkward if the party at-fault is someone you know – such as a friend, colleague or employer. In some cases, you might even have to make a claim against your own spouse or family member. You might also be concerned that a claim will be financially ruinous for your friend. There are legal fees to pay, not to mention your compensation award.
The insurer covers the costs
However, defendants in personal injury claims very rarely have to pay from their own pocket. Ordinarily, the defendant’s insurance company covers the costs. The question of which insurer depends on the nature of the incident. If you are involved in a motor vehicle accident, then the insurer is ICBC. Although your friend’s name is on the lawsuit, it is ICBC who will pay your damages. Likewise, if the accident happened at your friend’s house, then their home insurance policy covers the costs. Or if you were bitten by their dog, then their pet insurer handles the claim.
What if there is no insurance?
If there is no insurance policy in place, then it may be difficult for you to pursue legal action. For example, imagine you are bitten by your friend’s dog but your friend doesn’t have pet insurance. In this case, your friend would be liable for your damages. If your friend doesn’t have the funds to settle your claim, it may be futile to bring a lawsuit. That is why we always check what insurance policy is in place before we begin the claims process. If there is no insurance policy, we will advise what your options are going forward.
Make a claim today
We appreciate that making a claim against someone you know is uncomfortable. However, if you have been injured through no fault of your own, you are legally entitled to recover your damages. If the person at-fault has the necessary insurance policy in place, then a claim will not affect them personally. Their insurer will handle the claims process and pay your compensation settlement. If you are eligible to make a claim, then you should. Otherwise, the only person who loses out is you.
We specialise in personal injury law and can represent you throughout. Contact us now to start your claim today.Go back to Blog