Despite it being illegal to drive a motor vehicle without suitable insurance, it is quite apparent here at The Injury Lawyers that some people consider it okay to drive uninsured.  This is the case even though the vast majority of people know that it is an offence to drive without insurance.  Interestingly, though I imagine not everyone is aware of this fact, in 2011 it will also be against the law to own a motor vehicle without appropriate insurance unless this motor vehicle is certified as ‘off road’.  However, regardless of these laws, people do drive uninsured, and unfortunately some of these uninsured drivers end up causing accidents.  In fact, each year 23,000 people are injured and 160 people are killed by uninsured drivers.

So, what happens if you are involved in a road traffic accident where the other person is uninsured?  Normally the other persons insurance would compensate you, but in this scenario, it may be that the other person with no insurance has inadequate funds to compensate you. If you have been involved in a road traffic accident and have sustained an injury through no fault of your own, you are entitled to compensation – so what happens where the person who caused your accident has no insurance and no money to compensate you?  You are of course entitled to compensation – but on this occasion, does this right disappear?

The simple answer is – You are still entitled to compensation.  You will be compensated through the Motor Insurers’ Bureau (the MIB).  The MIB was set up in 1946 to compensate the victims of negligent untraced or uninsured motorists.  By way of the Road Traffic Act 1988, every motor insurance company must help fund the MIB.  In other words, part of your motor insurance premium goes towards the running of the MIB.  It is estimated that roughly £15-30 of your insurance premium goes towards the cost of running the MIB.  So, if you have sustained a personal injury as a result of a road traffic accident in which the other side is uninsured, you can still make a claim for compensation.  It is also worth noting that this claim for compensation can include any property of yours which has been damaged as a result of the road traffic accident.  In 2008, 64,000 claims for compensation were settled by the MIB.
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It was interesting to read in the Hartlepool Mail that Hartlepool Borough Council are to ‘vigorously defend’ themselves against unnecessary or fraudulent claims for compensation where individuals have been injured as a result of an accident involving a pothole.  It comes at the time of year when the worst of the weather would seem to have ended, and the snow has finally disappeared.  However, this is also to reveal the often extensive damage caused by the weather to our footpaths and roads which are badly affected by freezing conditions.  Here at The Injury Lawyers, we know only too well of the perils of the pothole – and this year has been no different.

According to the Hartlepool Mail, Hartlepool Borough Council have paid around £4,500 in compensation in regards to 23 pothole related claims over the last two years – which is literally nothing compared to most injury claims.  In order to combat these claims, Hartlepool Borough Council have said that they would like to resurface all affected roads and paths.  However, with the current economic climate, and with the cost of carrying out such work estimated to be around the £20million mark, the Council has instead had to settle for undertaking repairs on the potholes where these potholes have come to their attention – something that has so far cost them £300.000.  The Council have brought together a special team to combat the potholes.  Working five days a week, this team is responsible for the repair of potholes within 24 hours where the pothole is approximately 3cm deep and a metre long, whilst other potholes are to be fixed within 28 days.

The Hartlepool Mail reports that Hartlepool Borough Council have so far defended themselves against 37 claims.  A Hartlepool Borough Council spokesperson has stated that ‘Each claim is examined in detail on its particular circumstances and all claims are thoroughly investigated to confirm their authenticity’.  However, despite the fact that it would appear that not every pothole claim can be successful, and that there have been some fraudulent claims, it is important to understand that if you have suffered a personal injury as a result of an accident involving a pothole, you are entitled to make a claim for compensation.  Each case should be judged on its own merits.
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This weekend I read an article about a delivery driver who received half a million pounds in compensation after he fell from his van.  The York Press reported that Colin White was carrying out furniture deliveries in York in 2005 when the accident happened.  Colin, along with a colleague, had been provided with a ‘tail lift’, a device for lowering items from the back of a van, by their employers.  However, neither of them had been trained how to use it, but nevertheless they were expected to know how to use the device, and indeed were told to use it.  Subsequently, when unloading furniture, Colin stepped back onto the tail lift which, to his detriment, had been moved, causing him to fall backwards and hit his neck.  Colin suffered temporary paralysis and is now in constant pain.  Colin was also told he will never work again and his wife has had to give up her job in order to care for him.

Because Colin suffered a personal injury through no fault of his own, Colin is entitled to compensation.  In this case, Colin received £500,000 to cover the pain and suffering caused by his injuries – a direct result of his accident – and also to cover the future loss of earnings he has suffered as a result of being declared unfit to work ever again.  If you have similarly been involved in an accident whilst at work, and subsequently sustained injury and loss, you may also be entitled to compensation.  It is important that you seek the advice of a specialist injury lawyer who can tell you instantly whether you have a claim or not.

Colin, who now has to use a walking stick, a wheelchair, and a mobility scooter, has said ‘What happened to me could have been prevented if my colleague and I had been giving training in how to use the equipment provided.’  And he is exactly right!  The Health and Safety at Work Act 1974 requires employers to make sure their employees go through full and thorough training for all aspects of their role.  Employers are required to clearly demonstrate to their employees the dangers they may face at work and how to go about their job role in a safe way.  They are also required to provide certain equipment and clothing to aid employees and make the workplace safer.
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Due to our busy lifestyles and fast food culture, many more of us are eating out at restaurants, pubs and cafes.  It may be for a quick breakfast such as a bacon sandwich before work, it may be grabbing a quick bite at lunch, or it may be an evening meal to celebrate a special occasion. Whatever it is, we would hope that the food has been cooked correctly, the food is of a high quality, and the premises in which it has been cooked has a high standard of cleanliness.  This, however, is not always the case.

In many cases of food poisoning the symptoms are mild and we may suffer for a period of 24 – 48 hours, then feel fully recovered.  However, in some more serious cases involving food poisoning, the symptoms can go on for a longer period of time, be more aggressive, and ultimately land the victim in hospital seriously ill.  In groups of people such as the very young, very old, or people already suffering with an illness, contracting a serious case of food poisoning may even become life threatening.

If you fear that you may have food poisoning, the common symptoms to look for are sickness, diarrhoea, stomach cramps, a high temperature, and a loss of appetite.  You may have all or some of these symptoms.
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Supermarket injury claims are a lot more common than most people think. There are so many ways in which you can end up being injured in a place full of liquids and food products; spillages and mess on the floors are extremely common. Just ask yourself the question – when was the last time you went in to a supermarket and didn’t notice something out of place on the floor?

So, what happens if you’re shopping along and you slip on a patch of spilt milk, or trip over a boxed up cheese cake lying on the ground? Some may say there’s no point in crying over spilt milk; but landing hard on a solid supermarket floor can easily leave you with a hefty bruise if you’re lucky enough to avoid a broken bone.
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Whiplash is a common injury arising from road accidents. It’s caused by the sudden movement of the neck or head in a jolting fashion which is normal after an impact. Unfortunately, whiplash is a much more complicated injury than you’d think. In fact, if you are reading this and you are having the symptoms, you may be in for a bit of a shock. Here’s a guide on how it all works:

Whiplash Symptoms

• Pain / stiffness / inflammation of the neck, back, and shoulders. Pain can radiate in to other areas as well (arms, legs etc).
• Headaches – normally common directly after the accident.
• Reduced movement in the affected area, and / or muscular spasms.
• Pins and needles and / or numbness in the hands and arms.
• Dizziness and tiredness – even vertigo in some cases.

A whiplash injury is generally hard to predict in the early stages. It affects different people in different ways, and is often subject to the force of the impact you have been involved in. You could be suffering for a couple of weeks, or you could be suffering for months and months.
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In the past when purchasing car insurance for me, the buying the extra of Legal Expenses Insurance (LEI) was just as important has having a courtesy car.

However, my life in legal practice has provided me with the truth about LEI and the scam that thousands are caught by each year.

In May 2009 I was injured in a car accident which involved four vehicles. After the accident my instinct thoughts were ‘thank god I have bought LEI on my insurance policy’. Unbeknown to me and thousands of others, I was another victim of the Legal Expenses Insurance Scam.
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Accidents at work are unfortunately common. The worst part can be the initial stages for the victim; as well as the pain of being injured, you could be facing extensive medical treatment, and could even be facing time off work. Personally, I hate having time off work. I’m fortunate enough to be able to brave through most illnesses, but I was forced to take two days off last year with a sickness bug which literally made it impossible to get in to work, and that was bad enough! So I’d be at panic stations if I broke my leg at work and was told I can’t come in for four weeks or so!
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It is a well known saying that a dog is a man’s best friend.  This in many cases is true as we spend much of our time tending to their every need – walking them, feeding them and grooming them. To many they are not only a source of friendship but a lifeline – for example to the blind, or even necessary in order to complete our work – for example a sheep farmer or for a Police dog handler.

A dog is one of the most common pets to own in the UK and the number is increasing, it is therefore no surprise that in recent years there has been a significant increase in the number of dog attacks across the UK.  We see more and more news items reporting shocking incidents involving dogs.  One of the most shocking being that of a news item reporting a woman being killed by her neighbour’s dog.  It was new items such as this that encouraged the government to put into place the Dangerous Dogs Act 1991.

The Dangerous Dogs Act was put into place in order to protect the public.  Of course, any dog can cause an amount of harm to a person if it decides to bite.  However, there are four types of dogs named in the act which there is a ban on owning within the UK – these are the Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Braziliero. These dogs are classified by type, not breed, which means that an animal can also be included within these banned categories if they display the physical characteristics of the above types.
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Certainly not the Ghostbusters! But it can be a confusing time when you’ve had an accident to know exactly what to do. With so many law firms out there all promising to deal with your claim in the best way, who should you go with? If you’ve had a road accident, you’re probably being inundated with calls from the other driver’s insurers offering you quick cash settlements, and your own insurers are probably calling you to make you go with their own appointed legal team!

It’s confusing!

So, here’s a little advice on what to look for in a law firm, and what to avoid. But first things first; take a breather, and do your homework!

Injury Lawyer – Get Your Own!

Never let another company, especially your own insurers, a breakdown or garage service, or any other company whatsoever offer to “pass you to the best lawyer”. Avoid them at all costs! The clue as to why you must avoid them is in the statement: Costs!

If you let your insurers appoint their own “in house”, or “appointed”, or “recommended” lawyers, you’re in for a rough ride.  All the insurance companies do is sell the claim on to the highest bidding law firm on their panel. It’s often known as Legal Expense Insurance, or Legal Protection, and it’s an absolute scam. The money the lawyer wastes on buying your case comes straight from the running costs of your claim – leaving you with a poor service, and a lawyer with less money to fight harder for a top payout.
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