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).
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.
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.
In a BBC Radio 5 programme which obtained a Freedom of Information Request to the Driver and Licensing Vehicle Agency DVLA, it reported that 600 people have been caught driving whilst distracted behind the wheel three times.
One driver apparently was caught 5 times.
These endorsements by the police to drivers distracted are called CU80 endorsements. These type of endorsements are defined as follows:
Breach of requirements as to control of the vehicle, mobile telephone etc
The penalty carries with it 3 points on a motorist licence. But in reality it is little deterrent to the daily use of mobile phones at the wheel which we see on our UK roads.
But Causing Death By Dangerous Driving Using Mobile Phone?
Whilst some drivers will get caught and charged with driving a motor vehicle whilst using a mobile phone the only punishment will be 3 points and a fine. But think about what may or could happen if that momentary lapse of concentration did kill someone on the road. A charge for causing death by dangerous driving can be made.
The charge of;
CU80 – Breach of requirements as to control of the vehicle, mobile telephone etc
Could leads to something much worse:
DD80 – Causing death by dangerous driving- mobile telephone etc
CD80 – Causing death by careless, or inconsiderate, driving – mobile phone usage
Endorsements and Offences
The information below is taken from the GOV.UK website which sets out the motoring penalty points for various charges in addition to the serious offences listed above.
Causing Death by Dangerous Driving – Mobile phone use
Causing death by careless, or inconsiderate, driving
3 to 11
Causing death by driving: unlicensed, disqualified or uninsured drivers
3 to 11
Family Advice Legal Help Line
If you or someone you know has lost a loved one due to a road traffic accident or they have been seriously injured in a non-fatal road accident we are here to help you every step of the way.
Even if you are a concerned friend of the family affected, we understand that sometimes those most affected find it difficult to speak to a solicitor. But from our experience the sooner they obtain advice the more we can help them deal with the paper work, the legal complexities that have to be dealt with and obtaining compensation to help with paying the bills.
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
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.
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.
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.
Cycle accident deaths and serious injuries are unfortunately common on UK roads. By cycle accidents this includes motorbike riders as when as pedal cyclists.
The number of motor vehicles and lorries on our roads compared to cyclist means that that cycle rider our outnumbered and bullied off our roads. The UK Government has not spent enough on trying to keep our cyclists safe. The cycle lanes are few and far between, incomplete and ineffective to combat the number of fatal bike accidents and serious injuries on our roads.
Cycle Accident Claims – Case In Point
Just look at this article from the Star illustrating the five most dangerous roads in Sheffield. The news feature it claims there are more than 800 bike riders injured on the road in Sheffield alone, that is just under 140 per year or 11 pm.
Cyclist Fatal Accident Claims & Serious Injury
Due to the vulnerable nature of cyclists on our roads it is no surprise that when a collision occurs the injuries are serious and tragically prove to be fatal. We are here to help our fatal bike accident solicitors will help with the investigation into the fatal cycle accident claim and support the family throughout the legal process.
If the cycle accident compensation claim is non-fatal are specialist solicitor will be here to help you take action against the Defendant and claim the maximum compensation for the serious injury claim including compensation for the injuries, any loss of earnings, medical expenses and all other losses directly as a result of the unfortunate accident. For non-fatal cycle accident claims we have a specialist dedicated website for support and advice.
‘Help when you need it most‘ are heart felt words that are more apt when it comes to losing a loved on due to an ‘fatal accident’. We use the word ‘accident’ because in some tragic cases this can include actions that are reckless rather than careless or due to ignorance.
Here a fatal road accident is caused by more than a momentary lapse of concentration on the road, it is more than that. That difference it total devastation for the family who have lost a loved one from an emotional also also financial.
Fatal Accident Solicitors – Free Family Support
Nothing can change what has happened but we would all give everything we have to change it. But life has to go on and we are here to help bereaved families to find justice and to obtain some financial stability.
We will help the family by investigating the cause of the fatal accident claim by seeking up to date developments with the police who are empowered to establish if any law has been breached and to provide the necessary evidence to the Crown Prosecution Service (CPS) who will make a decision if a criminal charge can be made against the driver for causing death by dangerous driving.
Fatal Accident At Work?
If an fatal accident at work has happened then the Health and Safety Executive will be empowered to investigate and has the power to prosecute employers if they fail in their duty to provide a safe place and safe system of work.
Again as fatal accident solicitor we will liaise with the Health and Safety Executive and if there is evidence that the employer has fallen short if its duty of care, take necessary court action to include a claim for fatal accident compensation.
Further Reading from Fatal Accident Solicitors
This website is dedicated to helping families who have lost a loved one in due to a fatal accident either on the road, at work or somewhere else. No matter, how, why or where please get in touch with us as we will do everything we can to help you. Our advice will be under a No Win, No Fee, No Worry Solicitor Service.
There are many pages and posts on our fatal accident solicitors website that provide useful information to family members and friend of loved ones who have tragically lost their life to to an accident.
Thankfully this unfortunate and tragic accident resulted in non-fatal injury but there are others that result in death. Whatever the circumstances were are here to help you both from a legal and financial point of view.
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.
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.
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.
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Fatal Accident Claims is the trading name of R. James Hutcheon Solicitors, a limited company registered in England and Wales (registration number: 10156229). Registered office address: 98 Rose Lane, Liverpool, L18 8AG. VAT registration number: 872002651.
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