Uninsured driver compensation

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Uninsured driver compensation

Posted on: March 16th, 2017 by Isobel Addison No Comments

New rules allow uninsured drivers hit by another uninsured vehicle to claim compensation

If you are unfortunate enough to be involved in a road traffic accident with an uninsured or untraceable vehicle, the Motor Insurers’ Bureau (MIB) would deal with much of your claim.

The MIB is funded through a levy on all companies offering motor insurance in the UK. That levy was £244,000,000 in 2016.

until now, if you were uninsured at the time of the incident you were not entitled to use the scheme; presumably because you had failed to contribute to the fund which would ultimately pay the compensation.

However, under the new MIB Uninsured Drivers Agreement and Untraced Drivers Agreements between the organisation and the government things have changed.

Insurance policy

New Agreements

New Agreements, which came into force from 1st March 2017 permit uninsured drivers who suffer car damage in accidents caused by another uninsured or an untraceable motorist to claim compensation from the Motor Insurers’ Bureau (MIB) as long as they also have a claim for significant personal injury.

Time for Change

It has ben suggested that there were a number of reasons for the changes to the Untraced Drivers Agreement, but some had been implemented to ensure compatibility with European law.

The government has hinted that once we leave the EU they will revisit these changes.

Under the 2003 MIB Agreements if uninsured drivers were excluded from claiming compensation for property damage.

But is it fair?

The new Agreements give uninsured drivers the same rights to compensation for property damage as those who are insured.

The changes have been criticised by some for allowing people who have not paid for insurance themselves the right to compensation from a fund subsidised by insurers.

 

Whether or not the new system is fair it is clear that uninsured drivers can now pursue claims through the MIB schemes which up until now they could not have pursued. And that this is going to have to be paid for from somewhere.

 

Are you dishonest?

Posted on: July 14th, 2016 by Isobel Addison No Comments

fundamental dishonesty

It is fair to say that most of us would not consider ourselves to be ‘fundamentally dishonest’ but what does it actually mean and why does it matter?

Fundamental dishonesty. Liar, LiarRecent changes[1] in the rules that affect personal injury practice mean that if a Claimant is found to have been fundamentally dishonest in relation to any aspect of their case then their entire claim can be dismissed[2] and they can become liable for the other party’s costs.

Needless to say this is a change that has been seized upon by the insurers, not least because of the lack of clarity over what will be considered fundamental dishonesty.

Fraud or dishonesty?

Fundamental dishonesty is not defined in any statute, explanatory notes, the Civil Procedure Rules or any practice direction.

Traditionally the standard was always one of fraud but the new rules are enabling judges to set a lower threshold for fundamental dishonesty than they would for fraud.

The most likely area for dispute is medical evidence.   The suggestion that someone  suffered a little less than the evidence suggests or exaggeration of a care claim where a care givers evidence does not align with that of the Claimant under cross-examination.

Often claims can take many months, even years and memories fade and records are mislaid so it is essential for any potential Claimant to instruct a solicitor early to guide them through the claim and ensure that they keep a proper and detailed record of their injury and losses. Failure to do so could be catastrophic.

Personal injury compensation claims have been turbulent over the years with successive governments trying to curb the media-touted increase in low-value claims. A host of measures have been introduced over the years, intended to curb the cost of compensation claims. Fixed costs, the abolition of referral fees, the inability to recover insurance premiums or success fees from losing defendants, various costs protection and budgeting schemes, the increase in court fees, and now ‘fundamental dishonesty’. There is also the recently announced intention to increase the small claims limit to £5,000 and remove the right to compensation completely for soft-tissue minor whiplash injuries.

Dawid Masel v Esure

 

On 21st April 2016 one the first fundamentally dishonesty cases was heard.

The claimant had said that he had been injured for a total of four months following a minor car accident. Esure, who insured the defendant’s vehicle uncovered a publicly-available video on YouTube in which the claimant took part in, and won, a ‘Total Full Contact’ kickboxing fight within a month of the accident date. The Judge watched all six rounds of the contest, during which she commented that the claimant looked “a picture of health”. The Claimant’s claim was dismissed following the defendant’s argument that the claim was fundamentally dishonest.    The claimant was ordered to pay the defendant’s costs.

 

If you have been involved in an accident or suffered at the hands of medical professional we urge you to seek early legal advice.

At Davey Law we have decades of experience in personal injury and clinical negligence claims. We can guide you through the process and help you to keep accurate records of your losses and details of your recovery.

Contact our serious injury experts on 01285 654875 for further information.

 

July 2016

 

[1] 13th April 2015

[2] under Section 57 Criminal Justice and Courts Act 2015.

 

Compensation Claims

Posted on: April 22nd, 2016 by Isobel Addison No Comments

Brining your compensation claim is what we do. Welcome to our new video about our serious injury team.

      

Our serious injury expert Peter Davies explains what Davey Law can do for you. 

Compensation claim

With over 100 years of experience of bringing compensation claims across Gloucestershire and across England and Wales, our aim is to obtain compensation and restore your quality of life.

So if you, or someone you know, has suffered a serious injury, why not call us on 01285 654875 to discuss making a claim. You won’t speak to a call centre but to one of our experienced serious injury experts.

No Win, No Fee. No call centres, No nonsense. Just serious injury experts.