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Churchill Insurers Appeal Against £5m Payout to 16 Year Old Hit By Car Because She “Wasn’t Wearing a High-Vis Jacket!’

As a firm of lawyers who deal only with claims for personal injury compensation, we actually specialise in serious injury claims with payouts that run in to millions of pounds. If there is one thing that is always a certainty in high value compensation claims, it’s that insurers will do ANYTHING to limit or stop a payout. Their interests of course are to protect their shareholders profits and keep costs down.

But you have to really question the lack of humanity when you hear a story like this one; bearing in mind that insurance is there to cover people for claims. According to sources from the Daily Mail, Churchill are going to appeal a decision finding their policy holder 100% at fault for an accident with a payout estimated to be in the millions. The problem though is the circumstances of the accident, and their argument for the appeal…

Churchill are saying that now brain damaged 16 year old Bethany Probert, who was 13 at the time of the accident when she was hit on a dark country road by a speeding motorist, should have been wearing a high visibility jacket. They are actually suggesting that a 13 year old should know to wear a high visibility jacket on the basis that she rides horses and therefore knows to wear one when out on a horse on the roads.
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Recommended Personal Injury Solicitors

Claiming for an injury can be a stressful and worrying thing to do, as the majority of people never think they will have to do it. Therefore, it is extremely important that you instruct the best personal injury solicitor for you to ensure that the process is as smooth and stress free as possible (and, of course, to ensure you gain the optimum amount of compensation at the end!)

So what should you look for in a solicitor?

  • Good communication– this is vitally important when claiming as you should be informed at every stage of the process. After all, it is your claim so YOU essentially need to be in the know, all of the time.> (more…)

Colder Weather Sets In!

Personally, I never know whether to be a little saddened by the disappearing warmth and the fading of the lighter hours, or looking forward to the “C” word that we will be able to think about in the coming weeks! Although I think I answered this question last night when I was battered by those wet and cold blustery winds that attacked me as I escaped the outdoors last night…

One thing you should all be doing is taking the opportunity to prepare yourself and your vehicle for winter. I grabbed my thick patchwork camping blanket from my rucksack last night in preparation to wash it to be used as an emergency blanket in case we see a repeat of the arctic conditions we endured last year. I suggest you all do the same.

So, what should you do? Here’s my advice, based on what I’ve started doing:
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Car Accident Claims; As Winter Approaches…

Whilst I don’t want to put a downer on everyone’s September by mentioning the looming winter months as we approach colder climates and shorter days (which I can’t believe how quick the nights are drawing in – I say this every year…), but summer is really over, and we should probably begin preparing for potentially serious adverse conditions given the last two winters of snow and ice.

I’m sure you all remember last year don’t you? The day Britain came to a standstill when we were pummelled with an insane amount of snow. I certainly remember my six hour journey (one that normally takes me 20 minutes) where I had a real concern that I would be involved in an accident or stuck out all night on the roads. With this kind of weather that we may now have to learn to expect in Britain, there is a lot we have to do to prepare ourselves for the worst.

So – what can you do to make sure you don’t end up in a car accident as wet weather and colder conditions commence their grim approach?
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Points on choosing a Personal Injury Lawyer

Choosing a law firm to instruct for your claim can be difficult; especially when there are so many firms to choose from. The following blog aims to make this process of choosing easier, as I will point out things to look out for in firms.

A first point to note, however, is that you should go to a law firm directly, and ensure not to use referral agencies or your insurer to direct you to a law firm. Agencies and insurers essentially act as middlemen on claims, selling them on for a fee of what could be up to £1,000 – so, if a law firm has paid as much as this for your claim, it’s likely that they’ll work less on your claim in order to redress the balance in their loss of profits. This can lead to receiving a poorer service, having a claim that drags on for longer than it has to, or the firm failing to maximise your compensation.

The following are important items to look out for in a law firm:
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New Drivers

With all the commotion in the news about not letting new drivers use the roads at night, it’s about time someone asked the question whether new drivers are actually the ones to blame for road traffic accidents. I admit it is exciting when you first pass your driving test, and get in a car on your own, or with friends. However, at the same time it’s terrifying.

A lot of drivers will admit that the first few times they drove their first car they were scared. The responsibilities of their actions on the road were on them, they now have no one to blame if they make mistakes, and no one to help correct them if they do.

It’s also the thought that when carrying friends and family in your car, it is you that is responsible for their safety. They are putting their lives in your hands, therefore trusting you not to cause them injury through reckless driving. In most cases this means that new drivers are likely to drive with extra care and responsibility when on the roads. From my experience it’s the more experienced drivers that tend to show less care on the road.
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Children and Road Traffic Accidents

Look at the roads from a child’s point of view, lots of motor vehicles driving at high speeds and lots of noise. They’re a scary place, and a no place a child would want to play. However, when on their way home from school or playing outside their home – most children are faced with the possibility of crossing a road.

When we talk about children we mean those who are still at primary school. Sometimes at primary school parents do let their children walk home, especially if the school is local and not a far walk. Or even if their parents pick them up they often wonder off in front with friends or lag behind. Whatever the situation it is important that all drivers take into account the possibility of a child running out in from of them.
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We are Putting our Lives At Risk… By Text-Walking!

We at The Injury Lawyers talk a lot about accidents in the news – being specialists in the area, we like to think we know a thing or two about it! And there are so many hazards out there in the world just waiting to injure us that we all have to take care to avoid obstacles and hazards in our way.

We can however help ourselves in many ways; in fact, according to sources from the Daily Mail (http://www.dailymail.co.uk/sciencetech/article-1312656/Millions-putting-lives-risk-texting-walk.html), millions of us are putting our lives at risk by texting at the same time as walking!

To quote a statistic from the report, one in 10 mobile phone users have already been injured because they are concentrating on their handsets whilst texting, taking little or no heed of any obstacles or hazards on the route. Bollards, sign posts, lamp posts, cars – these are but a few of the many things we are likely to miss if we are not paying enough attention to our surroundings whilst “text-walking”. It makes sense I suppose – it’s illegal to use our handsets whilst driving for obvious reasons.
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Road Accidents & Dangerous Driving

The news headlines consistently cover stories of tragic road accidents. This next one from the Daily Mail is a particularly horrifying one, which many of you may have seen in the press recently.

According to reports from the Daily Mail, amongst many other press offices, (http://www.dailymail.co.uk/news/article-1314227/Drink-driving-nurse-sentenced-8-years-killing-grandmother.html), a drunk driver has been sentenced to 8 years after killing a grandmother and injuring two young children when she drove on to a pavement whilst on her way to an alcoholism counselling session. It’s an absolute tragedy of a story – the report advises that 59 year old Judy De Gelas was killed from the impact, and her five year old granddaughter Libby was dragged across the road under the car bumper, suffering a fractured skull and a chest wound. Her 9 year old grandson Joshua also suffered a fractured skull.
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Road Safety on the Rise?

Road safety is a continuously debated subject – we are always thinking of new ways to make our roads safer and reduce accidents, which is all great to hear. And there are more ideas on the horizon; including one outlined in sources from the BBC suggesting that restrictions on newly qualified drivers could reduce road accidents.

According to the source (http://www.bbc.co.uk/news/uk-11376809), a new proposed scheme would see newly qualified drivers having to adhere to night time curfews and restrictions on carrying passengers of a similar age, according to research from Cardiff University. It is suggested that a “graduate driving license” for drivers aged 17 – 19 could potentially save more than 200 lives and result in 1,700 fewer serious injuries each year. This is quite a statement.

The research suggests that one in five new drivers’ crash within the first 6 months of passing their test. This statistic doesn’t surprise me – it’s a common fact that you only really learn to drive once you have passed your test and you are out there on the roads by yourself. I’m sure many of you will agree that it’s an entirely different ball game; and many young drivers are known to be a little overexcited on the roads, if you get what I mean! The research indicates that some kind of a “graduate driving license” would reduce many accidents.
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