Category Archives: Motor Insurers Bureau (MIB)

Fatal Accident Claims – Uninsured Driver

When faced with a fatal accident claims road traffic accident there can be worry for the dependent family that the defendant driver does not have motor insurance to provide compensation to the deceased’s estate and family left behind.

Thankfully, even if the defendant driver was uninsured or even untraced at the time of the fatal accident claim the family and the estate of the deceased are still able to obtain compensation from the Motor Insurance Bureau (MIB).

Fatal Accidents Claims - The Law

The MIB has been set up to provide compensation for fatal accident claim so that the family left behind do not financially suffer as a result of losing a love one.

The claim procedure will be handled the same by the fatal accident claim solicitors which will include:

  • Investigating the circumstances of the fatal accident claim.
  • Dealing with the police
  • Speaking to the coroner
  • Attendance at a coroner’s hearing if required
  • Establishing compensation award
  • Establishing dependents of the deceased.
  • Providing compensation payments

Fatal Accident Claims – Need Advice?

If you or a member of the family who have lost a loved one and are in need for advice, please contact the fatal accident claim solicitors now.

 

Drugs The Big Killer in Fatal Road Accident Claims

Sign of the times. In the 70’s and 80’s the problem seemed to be with alcohol related deaths on the road. However there in the United States there are more fatal road accidents due to drugs than alcohol.

Why is this relevant I hear you say as this is an American problem?  The answer is short and to the point.  It seems that whatever America does, the UK will follow some 10 years later.  A maker we have to consider no doubt.

Drink and Drugs

In one report where the statistical information has come from, (Governors Highway Safety Association and the Foundation for Advancing Alcohol Responsibility) advisers that there is a a steady increase in drug use amount drivers killed in road traffic accidents.

In 2005 28% of toes tested were found to be under the influence of drugs, but in 2009 this increased to 33%.

35,000 Killed in Crashes

The statistics are shocking and every life lost is a personal tragedy that could have been avoided. Of the drivers who were fatally killed, 57% were tested for drugs and 71% for alcohol.

Over a third were tested positive for drugs.

Combined with those to criminal charges against the offender, the family left behind following the loss of a loved one will want to ensure the justice is achieved by the conviction  of the offender and also fatal accident compensation can be obtained to relieve some of the financial stress and worry.

 

 

 

 

 

Criminal Injuries – Fatal Road Crash

It is unfortunate that there are many senseless deaths and fatal car accidents on UK road due to the criminal acts of others. Usually young teenage or adult males.

Motor vehicles can easily be turned into weapons and cause carnage.  Young males still steel vehicles for ‘joy riding’ or used in the course of a criminal offence such as a get-away car at the scene of a crime.

Whatever the use, there is with regret victims who are present at the wrong place and time who ultimately and needlessly lose their life or suffer from serious injuries or life-changing injuries and are in the need of fatal accident compensation to help them recover and relieve the financial stress and burden of not having to work again.

Help is Available to Victims of Fatal Road Accidents

Those bereaved families who have lost a loved on due to crime or criminal activity can seek independent specialist advice from solicitors dedicated to help victims.

Notwithstanding the criminal often have no assets or money or insurance cover to sue for compensation, a claim can be made for criminal injuries compensation for the death of a loved one.  The scheme is designed to help bereaved families to claim compensation for a fatal accident claim where the death was caused due to a criminal activiity.

For more information on making a criminal injuries claim for compensation for the death of a loved one please click here: criminal injuries – compensation for death.

Fatal Accidents and Motor Insurance Bureau

Fatal Accidents and Motor Insurance Bureau

In this blog we would like to refer you to our link page fatal car accidents and motor insurance bureau for general information for bereaved families who need some guidance on taking action against the driver who killed a family member in a fatal road traffic accident.

Fatal Accidents Claims - The Law

Legal Proceedings v Motor Insurance Bureau – Fatal Accident Claims

One a relevant bereaved family member instructs a fatal car accident claims solicitor proceedings will be taken against the driver said to have caused the fault.  Now if that driver is uninsured or untraced a case may be made out against the Motor Insurance Bureau or (MIB).

The MIB will effectively run the case and if the offending driver is at fault will make an award of compensation.

Practical Steps to Issue Proceedings v MIB

There are special rules for fatal accident solicitors to take action where the MIB is involved.  Failure to adhere to the rules (Uninsured Drivers Agreement) for instance will mean that a perfectly good claim for fatal accident compensation will have to be rejected.  The main points a fatal accident claim solicitor will have to bear in mind is:

  • MIB claim form, must be completed and submitted to the MIB as soon as possible.
  • Upon issue of proceedings relevant notice in accordance with the Uninsured Drivers Agreement but be given to the MIB (Clause 9).
  • Once the court has issued proceedings (the fatal accident solicitor must inform the court NOT TO SERVE UPON THE MIB/DEFENDANT) as the solicitor must then notify that the claim form has been issued within 14 days.  The court may fail to inform the Claimant fatal accident solicitors that the claim form was issued in time which may result a failure to provide proper notice.
  • Upon issue of the claim form the fatal accident solicitor must then serve this upon the MIB and defendant driver (if traced but uninsured) together with other relevant documents which will include the particulars of claim, medical evidence and a schedule of loss.  Further all relent correspondence with the defendant and any relevant insurance certificates – Clause 10.
  • When the fatal accident claim solicitors serve all of the relevant documents it is good practice that notice is provided at the same time that if there is no defence served within 35 days of service, the Claimant reserves the right to enter judgement.

Failure to Comply Will Result in the Fatal Car Accident Claim Being Struck Out

A failure of the fatal accident claim solicitors to comply with the strict time limits set out in the  Motor Insurance Bureau Uninsured Drivers Agreement can result in them rejecting a perfectly valid claim.  Even if the procedural aspects are complied with when proceedings have been issued and serve, if the fatal car accident solicitor failed to give notice within the 35 day period to enter judgement, again the MIB may reject the fatal car accident claim.

Driver in Fatal Accident Was Uninsured – What to Do?

The hurt of loved ones following a fatal road accident is compounded when the person who caused the death was uninsured.

It is difficult enough to have to deal with the legal complexities following the sudden and unexpected loss of a close family member but then having to find out there is no insurance just makes matters more difficult.

Step in the Motor Insurance Bureau, who can deal with fatal car accident compensation claims if the driver of the vehicle that is at fault was uninsured or untraced.

Fatal Car Accident Uninsured Driver or Untraced Driver

If the driver that caused the death cannot be traced or even if traced has no insurance solicitors acting for the bereaved family will take action against the driver via the MIB.  The MIB is a fund set aside by a pool of insurance companies to compensate loved ones for the death of a close family member, funeral expenses and financial dependency losses.

Many fatal car accident claims are taken against a driver that is properly insured but there it is still not uncommon for the MIB to be involved.

Many fatal car accident claims are often following by criminal charges brought by the police for such offences as:

Help and Advice

To take specialist legal advice from solicitors who deal with fatal car accident claims is necessary to over-come the legal complexities that often accompany fatal road traffic accident compensation claims.  Not every solicitor who deals in personal injury will have all the necessary expertise to represent bereaved families.

Contact us now the fatal accident claim solicitors, we are here to help you every step of the way.

 

 

Fatal Car Accident and Uninsured Driver

Where a driver has caused a fatal accident claim and has no insurance a claim for compensation can still be made.

Despite the fact that the vehicle or driver is uninsured does not bar a claim for compensation providing that the accident has been reported to the police as soon as possible.  Obviously due to the seriousness of a fatal collision this not usually a problem.

Assuming that the relevant reporting and requirements have been made a claim for fatal accident compensation can be made via the Motor Insurance Bureau.

What Happens Next?

Your fatal accident claim solicitors will investigate the claim in the usual way.  The relevant steps would be:

  • Investigate the fatal accident details
  • Interview family members and those affected
  • Establish who can make a claim under the Fatal Accidents Act 1976 & the Estate Claim
  • Liaise with the police
  • Submit a claim to the Motor Insurance Bureau
  • Liaise the MIB regrading procedural aspects of the fatal accident claim
  • Reach a settlement for fatal injury compensation

Why the MIB?

The MIB was set up to compensate victims of road accidents where the cause of the accident was due to an uninsured driver or untraced driver.  The MIB is known a fund of last resort so that the MIB will only step in if there is no other insured person liable in respect of the accident.

The MIB scheme is not limited to fatal injury, it also covers general personal injury and losses.

Untraced drivers are also covered, ‘hit and run’ claim.

Claim for Uninsured Fatal Accidents/Personal Injury?

Anyone considering make a claim for a fatal accident or personal injury against either:

should not be deterred from making a claim for compensation as the MIB scheme has been set up to help victims and families by those who have been affected.

Contact us now the fatal accident solicitors to make a claim for for some advice.

 

 

Crime Does Not Pay – Joint Enterprise

Where a fatal road accident occurs the consequences for those left behind are devastating.  But what happens if as a result of the death that caused the fatal injury, the deceased was involved in a criminal activity by himself or with another, for instance on a ‘joint enterprise?’

An example of a criminal activity but be breaking into a car to steal it or driving a car with an intention to seriously injure or kill somebody. This can be done by himself or with others.  The general rule is that if someone has committed a criminal offence, current or a past criminal offence, those charges can be taken into account to stop any compensation or reduce the amount of compensation for a fatal accident claim.

Examples of Criminal Joint Enterprise

In one case where there were two persons involved in a criminal joint enterprise, one a driver and the other a passenger, the driving drove his car negligently and injured a pedestrian.  The Court had found them both responsible for the accident.

The same principle will apply where the passenger encouraged the driver to drive in a dangerous or careless way, if a fatal car accident happens then the passenger and the driver can be held both liable for the death of another.

How Much Compensation Can Be Deducted if There is Criminal Liability

  1. This is dependent upon the facts.  Certainly if the person who caused the fatal accident and died himself by dangerous driving, it will follow that his ‘dependents’ will not be able to claim as his estate and his dependents cannot claim against himself as he was at fault.
  2. If he was killed whilst racing another vehicle in a dangerous manner, it again will follow that his estate and his dependents may not bring a claim due his criminal activity.
  3. If he the driver was innocent in the accident but had criminal convictions in the past, his compensation could be reduced or stopped.  The amount that can be deducted will be dependent upon the seriousness of the criminal convictions.  The ore severe the greater the deduction.

Help and Assistance

Contact the fatal accident claims please contact our experienced solicitor who will help you every step of the way.

Not All Accident Solicitors Are the Same

Not All Accident Solicitors Are the Same

Not all fatal accident solicitors are the same.  It this most difficult time for family members who are looking for legal advice in such an emotional and traumatic time, it is important that you do obtain advice from as specialist in this area.

Fatal accident claims can involve a very complex area of the law where there are pitfalls for the unweary and inexperience solicitor who may be very good dealing with simple whiplash injury road traffic accident claims or accidents at work but not equipped with fatal injury compensation claims.  Applying the law to fatal accident claims is not routine, the demands and complexity are uniquely demanding and simply nothing short of experience and expertise should be considered in such a difficult time for the family.

Fatal Acciident Compensation Law

One Example of an Inexperienced Solicitor Getting It Wrong

In this matter, a firm of fatal accident solicitors  acted for a family whose adult child was tragically killed in a road traffic accident.  The deceased was living away from his parents and recently left university and was in a full-time job.

The fatal accident solicitors instructed by the family pursued the claim against the other driver that killed the adult child.  The police via the Crown Prosecution Service  (CPS) successfully pursue the charges of causing death by dangerous driving.

Following the conviction the family as requested by the fatal accident claim solicitors requests that they send the receipts in of the funeral expenses to stat they can be reimbursed with the cost of the funeral and headstone which is a claim that can be made under the Fatal Accidents Act 1976.

The fatal accident solicitor only made a cursory enquiry asking simply did their adult child provide an financial support for them at the time of death.  The answer was ‘no.’

The insurance company for the other driver made an offer to compensate the family for the funeral expenses in ‘full and final settlement’ of the fatal accident claim.  That was it.  The family became a little concerned and questioned their rights.  After seeking advice from us, it quickly became apparent that the fatal accident solicitor simply did not go into any detail about what a ‘dependency claim’ involves and what can be claimed.

Fatal Accident Dependency Claim

It turns out that the parents and the deceased had in mind shortly before the tragic death that their adult child was intending to come back to live with the parents due to job relocation and more-over to look after one of them as they had fallen ill.  That the provision of care to one parent and that the adult child would financially support his family was simply over-looked by the fatal accident solicitor.  No proper and full investigations were ever made.

Had it not been for that telephone call to us, the fatal accident solicitors the family would have settled the claim for compensation for the loss of funeral expenses.  The total value of the Dependency claim is significant and whilst no amount of fatal accident compensation can ever be considered as justice, it does provide some financial security, closure and piece of mind.

Fatal Accident Solicitors – Advice & Support

We are here to help you every step of the way.  The first legal step is to call us.  We will be sympathetic and with over 20 years of dealing with families left devastated by the loss of a loved one appreciate your concerns and demands for justice.  We work under a No Win, No Fee Solicitor service so you have no worries in getting in touch.

Make sure you instruct the right fatal accident solicitor,  otherwise you may  not obtain  the justice that you deserve and the right amount of compensation of piece of mind  and  a sense of closure.  The above link is a cautionary tale of what can easily go wrong if the family instruct the wrong fatal accident solicitor.

Fatal Car Injury - Contact Us

 

Why Did The Courts Got It Wrong Over Many Years? (Part 3)

Why Did The Courts Got It Wrong Over Many Years?

The Ogden Tables were used to compensate future awards of compensation for fatal accident dependents and victims of life changing injuries.  The Ogden Tables use what are called ‘multipliers’ that is a calculation to apply a fixed lump sum award the claimant would received today and ‘discount’ the compensation lump sum due to the fact that the claimant would get the money now rather than piece meal over what can be many years into the future.

In fatal accident claims, however, the Courts in the 1970’s (see case of Cookson v Knowles [1979] in particular where Lord Fraser stated:

‘In a personal injury case, if the injured person has survived until the date of trial, that is a known fact…But in a fatal accident case, the multiplier must be selected once and for all as at the date of death because everything that might have happened to the deceased after that date remains uncertain…’

Thus to calculate the future compensation for dependants from the date of death rather than the date of trial (which happens as a matter of routine in life changing injury claims) has the effect of under-compensating the dependants of the deceased.  Why?  This is because the Odgen Tables used to calculate the future awards were designed to calculate the ‘multiplier’ from the date of trial not the date of death.

So if there is a long delay between the date of death and date of trial or settlement this will lead to injustice and under-compensation to the dependents.  This has been a known fact for many years but the Courts have done nothing about it until the decision in Knauer v MOJ 2016.  The mis-use by the Courts of the Ogden Tables was considered in White v ESAB Group (UK) Ltd [2012] and Aths v Ms [2002] EWCA Civ 972 and criticised in Corbett v Braking HA [1991].

Just one good fatal accident decision in many years has taken place where the Supreme Court in the case of Knauer v MOJ 2016 decided to change the law so that the multiplier must run from the date of trial, not the date of death.  This can add thousands of pounds for bereaved families who have been under-compensated and let down the the Government and the Judiciary.

[Author Ronnie Hutcheon – Principal Solicitor in the Firm of R James Hutcheon Solicitors]

But the Courts thought they were bound by the past judgement and thus the law could not be changed without the Government changing the law.

Even the Law Commission Report entitled Claims for Wrongful Death suggested to the Government that the law should be changed (among other issues) so that compensation for fatal accident claims for future awards should be used the same way as lift changing injury claim, that is The Ogden Tables for future awards for compensation should be from the date of trial not the date of death.

Fatal Injury Law Commission Report – [Click to View]

Common sense has played a part here with practical know how of the change in times but lest not forget the injustice to victims in the past whose fatal accident claims have been vastly under compensated by the slow changing pace of the Judiciary and the constant strength and lobbing of Government by insurance companies who  continue to influence the Government.  The losers are the victims.  Help us change the law and sign our Government E-Petition on bereavement awards.

Further reading

Fatal Accident Compensation – Calculate Future Awards (Part 1)

Fatal Accident Compensation – Calculate Future Awards (Part 2)

Fatal Accident Compensation – Calculate Future Awards (Part 3)

There are time limits that apply to make a fatal accident claim so please do not leave it late. If you are reading this website to help a family member or friend who has not yet obtain advice you can contact us to discuss options.  Whatever the circumstances, contact us.

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Fatal Accident Compensation – Calculate Future Awards (Part 2)

In Part 1 fatal accident solicitors considered the general complex issues of how calculating future awards for lump sum compensation for a fatal accident or fatal disease can be complex.  Needless to say, once again, as fatal accident solicitors specialising in this area in addition to serious life changing injury claims, the future calculation for compensation leaves the victims, in our view under compensated.

Why?  It is all down to how the large discount is applied to future lump sum compensation awards for a fatal accident or serious life changing injuries.  The discount applied applies on the award of the compensation so as not to ‘over compensate’ the dependents or victim of a life changing injury claim.  Thus to use an similar example, if the dependents or personal injury victim sustaining serious injury claim is valued at say £100,000 over a period of 10 years, if that amount was put into stocks and shares over a period of 10 years, there is a chance that the investment will grow over time and thus the net value would be more than the £100,000.  This is unfair and has been attacked as the returns may not be significant or at all as there is a chance there could be heavy losses.

‘Victims and families whose loved one have been killed in a fatal accident or sustained a serious life changing injury have been under compensated for years…’ 

[Author Ronnie Hutcheon, Principal Solicitor of R James Hutcheon Solicitors]

Fatal Injury Bereavement Award

Thus the dependents compensation for a fatal accident or the victim of a serious life changing injury claim are being under-compensated and have been over many years.  Further the Conservative Government has also since April 2013 not only reduced solicitor costs if they win a compensation claim for fatal accident or injury but now solicitors are forced to take up to 25% of the victim’s compensation award.  Thus to say that the aim of compensation is to put the claimant victim in the same financial position but for the death or accident is a misnomer.

Uee of the Ogden Table To Compensate Fatal Accident Claimants

The Ogden Tables are used by fatal accident solicitor and personal injury solicitor who specialise in life changing injuries where the future awards of compensation have to be considered.  Here we will discuss only fatal accident compensation claims due to the recent important case of Knauer v MOJ by the Supreme Court in 2016 increased compenstion following the unalwful killing of a person in an accident by just using the Ogden Tables in the way they were intended.  Had the Courts used the Tables correctly it would have stopped thousands of bereaved families whose fatal accident compensation claims were settled by their Solicitor or the Courts over many years.