Injuries can be caused, through an accident, to a driver, or a passenger of a vehicle, to a rider or pillion passenger of a motorcycle, to a pedal cyclist or to a pedestrian. The person who is liable to pay compensation is the person whose bad driving or riding was the cause of the accident. Often the faults of two or more persons can contribute to a collision.
We offer a specialist service to clients with road traffic accident claims in North Staffordshire South Cheshire and East Shropshire particularly in motorcycle claims where injuries can be severe.
The law in this area is the general law of negligence, though there are some modifications and extensions from statute law. There is a duty on the driver of a motor vehicle to observe ordinary skill and care towards other road users if that driver can foresee that his actions or the way he/she drives might cause injury to other road users. The Highway Code is often relevant to determine the standard of driving skill to be expected of a motorist, and an accident caused by a driver of a works vehicle who is on works business at the time may render his employer liable, as well as himself. A passenger who is injured must always consider whether the vehicle he or she was being carried in was being driven safely.
Difficulties can arise in this area when the motorist or driver who caused the collision is not insured or is untraced following a ‘hit and run’ incident. In such cases the Motor Insurers Bureau is under an obligation, within the overall restrictions of the relevant scheme, to provide compensation to the person injured.
If you have been involved in an accident as a driver, rider, cyclsit, passenger or pedestrian your interests would be better served by appointing a local firm of solicitors and insist that your case is handled by or supervised by a member of the Personal Injury Panel.
Under no circumstances should you negotiate directly with the opposing insurer. They can quite lawfully under-settle your claim and will attempt in most cases to do so – this is known by them as “third party capture”
There are numerous reported instances of insurer’s deliberately under-settling claims against them for less than their true value in order to preserve their profit margins. The duty of an insurance company is firstly to its shareholders and secondly to its policyholder. It has no duty at all to one who brings a claim against it.
In one case we had an insurer attempting third party capture who represented to our injured motorist that the claim was worth less than £2,000. We subsequently settled that claim for in excess of £10,000, so don’t be captured!!
If you are a driver, with insurance and consider that another driver is wholly or partly to blame for your injuries you should specifically refer to the link below which contains information you should be aware of if you are considering the appointment of a solicitor from your insurers recommended panel.