Before making a claim for compensation for a traffic accident, there are special issues that may affect liability.
Council Immunity: This provides that an injury victim may limit an injury victim’s ability to sue when the driver of the vehicle that causes an accident is a council employee who is working at the time of the accident, or when the accident involves to a council employee. vehicle with a view to a claim for compensation for a traffic accident.
Owner’s Liability: Establishes that even if a vehicle is loaned to a third party, if an accident occurs, the owner may be jointly and severally liable for damages caused by the fault of third parties.
Business/Employer Liability: This states that here an employee is driving a vehicle “on the job”, or within the course and scope of employment, the employer may be jointly and severally liable for injuries caused by the employee’s negligent driving conduct. .
Mobile phone use: The use of mobile phones while driving is prohibited in the UK. Employers may want to consider the following best practice guidelines. Cell phones must be switched to voicemail when the user is driving. Emergency calls should only be made/received when you are on the move
Employees should be encouraged to only make or receive calls, even with a hands-free kit, when parked safely away from the road. Any accident caused in this way will affect any claim for compensation for traffic accidents.
Insurance policy
Insurance issues auto accident victims have with insurance coverage generally fall into three categories:
Uninsured Driver – Unfortunately, there are a growing number of people driving without any car insurance, a MOT, and in some cases, a driver’s license. In the UK there is an organization called the MIB (no they don’t wear black suits) which stands for the “Motor Insurers Bureau” which deals with the payment of claims against uninsured motorists. This was created to offer victims of uninsured drivers a way to obtain an accident compensation claim from Aroad that could then be claimed by the uninsured.
Underinsured Motorist – Underinsured motorist coverage is the term used when the other vehicle’s policy limit is inadequate to pay for all damages.
As long as you have a standard policy, your own insurance company can pay for damage to your vehicle caused by; any person or organization that did not have liability insurance at the time of the accident. Any person or organization that had adequate liability insurance coverage at the time of the accident, but for some reason, the company issuing the insurance denies that their policy provides coverage for the loss. Any person or organization that does not have enough insurance to pay for your damages in full. If you only have a basic policy, you have no protection if your vehicle is damaged by an uninsured or underinsured motorist.
Insurance company bad faith: Anxiety and distress are natural emotions caused when an insurance company refuses to pay. In many circumstances, there may be a legitimate reason for the insurer not to pay, but there have also been a number of cases where the insurance company’s refusal has been deemed unreasonable, unfair, and in “bad faith.” In legal terms, the insurance company has acted in breach of contract.
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If you need advice or just want to talk to someone, don’t hesitate to call Claims Master Group on 08000 71 22 71.
Specialists in Personal Injury, Accident Claims, No Win No Fee, Car Accident Compensation.
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