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.

 

Compensation for sight lost in one eye

Posted on: July 18th, 2016 by Mark Tawn No Comments

Compensation settlement for sight lost in one eye

Devastation after sight lost following surgery.  Sight lost

In May 2012 Mrs S went to see her GP with a letter written by her optician who recommended onward referral to an ophthalmological specialist.

Instead of referring her Mrs S’ GPs prescribed eye drops following various appointments over several months. Mrs S was a patient of a group practice and so was seen by a number of different doctors.

After about five months one of Mrs S’ GPs finally referred her (urgently) to a local hospital. The specialist there was so concerned by his own findings that he made an urgent onward referral to a specialist eye hospital and they saw Mrs S promptly.

Thorough assessment and further investigations revealed that Mrs S had a tumour behind her eye and she was listed for surgery to remove it.

The tumour was removed but sadly Mrs S lost the sight in her eye.

Breach of duty was admitted by the first GP Mrs S had seen: on the basis that she should have been referred to a specialist but was not.

The first GP did not however accept that there was a causative link between the delay in referring Mrs S to a specialist and the eventual loss of sight in the affected eye.

Expert evidence was obtained from a GP and a Consultant Ophthalmologist with a special interest in orbital surgery. Counsel (a barrister) was instructed and Mrs S’s claim was valued.

The GP’s solicitors advanced what appeared to be a nuisance offer, which was quite upsetting for Mrs S. Court proceedings were issued and defended. Offers and counter-offers were exchanged and eventually, Mrs S elected to settle her claim without proceeding to trial.

At the conclusion of her claim Mrs S wrote to our Mark Tawn:

“Thanks for all your help and support and to the team at Davey Law as well throughout. Truly grateful.”

We were delighted to work for and with Mrs S and to achieve an outcome with which she was happy.

If you think you have been inadequately treated by your doctor and that you have suffered injury and loss as a consequence talk to Davey Law now.

Telephone us on: 01285 654875

Or send us an email: enquiries@seriousinjury.expert

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