If you have been injured in a car crash because of someone else’s negligence, you will usually get your compensation from their car insurer.After all car insurance is there so that if things go wrong cars can be repaired and injured people can get compensation.
But what happens if the negligent driver doesn’t have insurance? Don’t worry! You can still be compensated for your injuries.
The difference is that you will be compensated by the Motor Insurers’ Bureau (MIB) instead of the negligent drivers’ insurance company. Let me explain more…
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Personal injury and how to claim may seem like a daunting prospect to grasp at first, particularly when riddled with bewildering legal jargon and terminology.
It will come as no surprise therefore when I tell you that individuals can become quite easily overwhelmed and disheartened with the procedure, and when initially paired with the substantially traumatising experience of the accident itself, made to feel angry, alienated and cheated. But fear not! Help is at hand, in the shape of our genuine No win, No fee, agreement, shouldering the burden and pressures which accompany claiming compensation, giving you the time and priority needed to focus your attentions on more important issues, none so more than your speedy recovery.
After information regarding a potential claim has been received, our primary action is the creation of a letter of claim which states the critical information involved in the accident. This is then sent to the third party defendant for analyse.
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The point of making a claim for personal injury compensation is to firstly award you with compensation for the pain, suffering, inconvenience, and loss of amenity that you endure as a result of your physical and / or mental injuries. However, on top of this, you are entitled to claim for what’s known as Special Damages.
Special Damages are made up of financial losses that you or even others affected by the claim incur. The common ones are things such as lost earnings from being off of work, medical expenses for treatment or prescription / over the counter medication you have to buy, travel expenses, and another key item called Care and Assistance.
Anyone is entitled to make a care and assistance claim, so long as it can be justified. Care and assistance is for any person making a claim who has to rely upon anyone else to look after themselves. This type of thing is common in serious injury claims, or cases where a debilitating injury has been sustained – such as any limb disability from, say, a broken leg, or dislocated arm, etc. Naturally, these types of injuries usually result in serious mobility impairment – everyday tasks can become a struggle, or even nigh impossible, in some circumstances.
What Can Care and Assistance Cover?
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Well, I do hope that you have all had a very merry Christmas and a Happy New Year! I can’t believe how quickly it has come and gone; but we all say this every year, and I doubt it will ever get any slower!
Anyway, if there’s one time of the year that we all generally like to go out to our favourite clubs, pubs, and bars, it’s over the festive and New Year season. New Years Eve is a big night for any club – and it tends to be one where people go a little crazy as well. We tend to find that there are a fair few injuries in nightclubs, pubs, and bars over the festive season; so, what can you do about it?
If you have been injured in a nightclub, it’s likely one of the following happened to you:
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If you have been injured in a road traffic accident and you are to obtain compensation, this will in almost every instance be provided by the negligent drivers’ insurance company.
This is one of the reasons why it is compulsory to have motor insurance; if something does go wrong, it can be sorted out as quickly as possible. Unfortunately though, there are over 1 million drivers in the UK who drive illegally without insurance. So – what happens if you are injured in an accident caused by an uninsured driver? Where would you get your compensation from?
Obviously it won’t be from their insurer – so, does the negligent driver themselves have to compensate you? Well that is a possibility, but it is unlikely because they probably don’t have the money to pay out. Ok, so does that mean they get away with it, and an injured victim cannot be compensated? Fortunately not! This is where the Motor Insurers’ Bureau (‘MIB’) can step in.
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At The Injury Lawyers, our name says it all – we are expert injury lawyers. We can proudly say this because we have successfully dealt with thousands of injury claims over many years and have gained a reputation for getting our clients the maximum compensation they deserve in the shortest possible time.
Because we are quality injury lawyers, and I stress that we are ourselves actual injury lawyers (not some middle man who will pass your claim around to make a fast buck), we can deal with complex injury claims as well as the more straightforward. So, although a lot of our work involves dealing with what we class as straightforward road traffic accident claims, we also deal with accidents at work, accidents in public areas, and other injury claims such as those arising from medical negligence.
Recently I read about a seven-year-old boy who had just been awarded over £2million in compensation for brain injuries he sustained at birth due to medical negligence. BBC news has reports that Ciaran Dill of Luton suffered permanent brain injuries when his birth was delayed in 2004. As was heard at Court, Ciaran’s birth was delayed for almost an hour, and as such, he was starved of oxygen. The hospital in question had not been fully focussed on his heart monitor, and Ciaran was left with a devastating and everlasting brain injury which means he will not be able to walk or talk and will require round-the-clock care.
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It sometimes seems that everywhere we go we cannot get away from messages telling us to reduce our carbon footprint. In the fast evolving world we live in where we can get from A to B relatively easily in comparison to a century ago, it would seem that this has come at a substantial cost to our environment. This has led some people to ditch their cars and take up cycling instead. Unfortunately, we at The Injury Lawyers are increasingly hearing of accidents involving cyclists.
If you have been injured as a cyclist through no fault of your own, a quality injury lawyer like those here at The Injury Lawyers are on hand to help you get the maximum compensation you deserve.
Despite many new cycle paths being created and several campaigns to warn road users about the safety and importance of being aware of cyclists, the roads are a perilous place for Britain’s cyclists. The main type of accident we hear about involving cyclists are those where a negligent third party vehicle has not seen a cyclist and caused a collision. That said, other accidents do not necessarily involve negligent drivers, but instead, are caused by the defects in the road surface; for instance a pothole.
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Some people will have you believe that making a claim for compensation is difficult and ultimately not worth the effort. Well, if you have been involved in a road traffic accident and sustained injuries, being compensated for these injuries is actually very straightforward – many cases can be over and done with in a few months.
The first stage of making a claim for most straightforward claims is submitting what is known as a ‘Claims Notification Form’. This is a straightforward form which is submitted online via the Ministry of Justice portal. It outlines things like the accident date and details of the accident and vehicles, and drivers involved.
If you instruct a quality injury lawyer they will be happy to go through this form with yourself which should only really take roughly 20 minutes. Once this is completed it is submitted to the other side, usually the negligent driver’s insurers, who then have only 1 business day to acknowledge your claim.
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Personal injury and how to claim may seem like a daunting prospect to grasp at first; particularly when it’s riddled with crazy legal jargon and terminology. It will come as no surprise when I tell you that accident victims can be easily overwhelmed and disheartened at the idea of claiming. When paired with the substantially traumatising experience of the accident itself, victims are often left feeling angry, alienated, and cheated.
But fear not! Help is at hand, in the shape of our genuine No win, No fee agreement, shouldering the burden and pressures which accompany claiming for compensation, giving you the time and priority needed to focus your attentions on more important issues, such as your speedy recovery.
After information about your claim has been received, our primary action is the creation of a letter of claim which states the critical information surrounding your accident. This is sent to the third party defendant (person or company at fault). From here the third party defendant has a period of three weeks with which to pass this letter of claim to any relevant insurers, insurance brokers, or solicitors who represent them, or confirm they are dealing with it themselves.
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Claiming for injuries arising out of road traffic accidents is often straightforward. This is because in most accidents it is quite clear who at fault. It follows that if you were not at fault for the accident then you can be compensated for any injuries you may have suffered.
Here is an example: You are driving along and you are approaching a roundabout, you slow down to a halt as there are already cars on the roundabout, when unfortunately a third party driver negligently collides with the rear of your vehicle and you sustain whiplash. You are not at fault for this accident and have been injured at the hands of another person, and you can therefore make a claim for compensation. The Defendant’s insurer knows this and this is what you have to look out for.
If you have been in such an accident it may be that the other side’s insurer gets in touch with you, knowing full well that you have a very successful claim for compensation, and try and settle your compensation claim directly with you. This is by no means illegal but it is important to note that if you agree any compensation with the Defendant’s insurers, in most cases, this will be in full and final settlement of your claim. So if later you realise you are still injured and feel that you should receive more compensation – tough! Your claim has settled and no more compensation can be obtained. Likewise, if you accept £400 compensation but are later advised that your claim was actually worth £2,000 you cannot go back and say you under-settled my claim, give me the difference. The process in which your claim is settled directly with the Defendant’s insurer is known as ‘third party capture’.
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