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Road Accident Compensation
Road Accident Compensation
By Julian Hall
Claims Master Group
Before making a road accident compensation claim, there are
special issues which may affect liability. Council Immunity:
This states that a victims injury 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 where the accident involves a council-owned vehicle.
Owner Liability: This states that even if a vehicle is borrowed
to a third party, if an accident ensues, the owner may be
jointly liable for damages caused by the third parties fault.
Company / 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 can be jointly liable for
injuries caused by the employee's negligent driving conduct.
Mobile Phone Usage: Mobile phone usage whilst driving is banned
in the UK. Employers may want to consider the following best
practice guidelines. Mobile phones should be switched to
voicemail when the user is driving. Emergency calls only should
be made / received when on the move
Employees should be encouraged to only make or receive calls -
even with a hands-free kit - when they are safely parked away
from the road.
Insurance Cover
The insurance problems car accident victims have with insurance
coverage typically fall into three categories:
Uninsured Driver - Unfortunately there are a growing number of
people who are driving without any car insurance, an MOT and in
some cases a driving license.In the UK, there is an organisation
called the MIB (no they don't wear black suits) which stands for
the "Motor Insurers Bureau" who deal with paying out claims
against uninsured drivers. This was set up to offer victims of
uninsured drivers a way to gain compensation that could then be
reclaimed from the uninsured.
Underinsured Driver - Underinsured Motorist coverage is the term
used when the other vehicle's policy limit is inadequate to pay
for all your damages.
Provided you have a Standard Policy, your own insurance company
may pay for damages to your vehicle caused by; any person or
organization who did not have liability insurance at the time of
the accident. Any person or organization who had adequate
liability insurance coverage at the time of the accident, but
for some reason, the company writing the insurance denies that
their policy provides coverage for the loss.Any person or
organization who did not carry enough insurance to pay for your
damages in full.If you only have a Basic Policy, you do not have
any protection if your vehicle is damaged by either an uninsured
or underinsured driver.
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 paying, but there have also been a number of cases
where the insurance company's refusal has been considered
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 would just like to speak to someone,
please don't hesitate to give Claims Master Group a call on
08000 71 22 71. The Personal Injury, Accident Claim, No Win No
Fee, Road Accident Compensation specialists.
About the author:
Julian Hall is the Director of Claims Master Group. If you need
advice or would just like to speak to someone, please don't
hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Road
Accident Compensation specialists.
Written by: Julian Hall
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