Archives

Archives

Fraud to Justify Large Motor Insurance Premiums

Motorists once again are taken for ‘fools’ in the belief that the motor insurance companies are going to pass down the money saved by the so called ‘compensation culture’ in road traffic accident claims.

For many years the legal industry has been lobbying the Conservative Government in particular with the result that solicitors dealing with whiplash injury claims, personal injury and fatal accident compensation claims have had the costs for dealing with victims slashed to unprecedented levels.

But have the insurance companies passed on these significant savings to the motorists?  It is doubtful.  I personally have not seen my premiums come down at all.

Abolish Whiplash Injury Compensation and Access to Justice

The Government influenced by the motor insurance injury are now proposing next year to deny victims of road traffic accidents the right to any compensation and restrict access to justice by making it no longer financially viable to instruct a personal injury solicitor all in the need to ‘crack down on fraud’ in motor accident claims.

However the evidence does not stack up.  It appears that a leading motorist solicitor Tom Jones is reported in The Times by saying that the costs of claims fell last year and was 30% lower than in 2010.

The motor industry is booming with healthy profits and cash reserves.

What About Fatal Road Accident Compensation?

If the savage Conservative cuts goes ahead as planned, claims involving death in road traffic accidents will not be affected.  However, says our Principal Solicitor, Ronnie Hutcheon.

“The English legal system with there is an unlawful killing at work or on our roads is so unjust to the victim and the family members left behind.  Harshly put, it is cheaper to kill than to injury.  The Fatal Accidents Act 1976 needs a drastic overhaull to compensate fairly the bereaved families.  Insurance companies are getting away with compensation murder.

 

Road Traffic Accidents – Worse Places

In a leading article in the Chronicle Live on road traffic accidents, it reveals some of the worse places in the UK for road accident collisions.

Statistically many road traffic accidents occur between the hours of midnight to 4 am and that the Government figures show that it is London, Manchester & Newcastle the are the top of the list for road accidents. According to the data out of over 750 road accidents in Newcastle in 2015, just under 7% of all road accidents occurred within the 4 hour window in the early hours of the morning almost double the road accidents nationwide.

Fatal Road Traffic Accidents

Fatal road accident claims on Britain’s roads according to the Department for Transport show over 1,700 road users killed last year which is a slight decrease on the year before.

Neil Greig, director of policy and research at IAM RoadSmart, said:

“Five years of flat lining on road deaths is unacceptable. Whilst 2015 was a relatively good year the huge gains in road safety made in the past now seem a distant memory.

“The Government must show more leadership to really drive down road deaths in the future.”

The Chronicle Live reports of more tragic and shocking fatal road accident claims when 2 young teenage girls and a 43 year old man sadly died in a road collision between the early hours (the midnight and 4 am statistic) when the vehicle they were travelling in collied with a HGV.

People living by the road have said ‘too many lives have been lost on the accident blackspot.’

Road Collisions Durham

Durham saw the second highest rate of crashes in the North – behind Newcastle – with 31, while there were 23 crashes between these hours in Northumberland.

 

Northumbria Police spokesman said: “Newcastle city centre is extremely busy on a night with cars, pedestrians, buses, cyclists and taxis all out on the roads at the same time.

“It’s one of the most popular city centres in the country and we are constantly working hard to try and make it as safe a place as possible for everyone.”

Road Accident Compensation Claims

As fatal road accident solicitors we specialise in all road accidents involving all vehicles such as cars, lorries, cyclists, motorbike riders and pedestrians.  We deal with all types of injuries from minor to serious life changing to injuries to fatal road accidents.

Whatever your query in such times of need, please contact us as we are here to help you along the way through the legal complexities that often arise even out of relatively minor issues.

 

Causing Death by Dangerous Driving

Causing Death by Dangerous Driving

The sudden loss of a loved one due to another causing death by dangerous driving is one of the most common fatal accidents that the fatal injury claim solicitors have to deal with.

All fatalities are a personal tragedy to the family, nothing can turn back the hands of time, nothing can cushion the hurt, pain and suffering.  No compensation for a fatal accident can ever be enough, can ever compensate the family left behind.

Fatal accident claims

The law is found in the Road Traffic Act 1988 substituted by the Road Traffic Act 1991, section 1.

The Court/Jury will have to consider very carefully if the defendant dangerously drove a ‘mechanically propelled vehicle’ i.e. motor car, motorcycle on a public road or in a place contrary to the Road Traffic Act as amended.  If so the defendant must be convicted of the criminal offence and the  Judge will apply the appropriate sentence.

If the defendant is convicted of causing death by dangerous driving there will inevitably be a claim for fatal car accident compensation under the Fatal Accidents Act 1976 and the Law Reform Act mentioned above.

What is a mechanically propelled vehicle?

 One major issue is that for the defendant to be guilty of causing death by dangerous driving and as such for the bereaved family to claim fatal accident compensation, the vehicle that the defendant was driving must be mechanical propelled.  So it can be more than just a car or a motorbike.  It can apply to a quad bike, or any vehicle that has been adapted for use on a public road.

Will it Result in a Manslaughter Conviction?

Unless it can be proven that the vehicle was deliberately aimed at victim and as such an intention to kill (i.e. murder) then the lesser charge against the defendant for causing death by dangerous driving will be manslaughter.

It has been reported in the conviction rate for manslaughter since the change in the law has reduced from 89% to 79% due to the possible reluctance of the Jury finding the defendant guilty of manslaughter where the fatal accident was ‘accidental.’

However, it does not lessen the ultimate hurt and grief that is caused the a loved one is killed due to death by dangerous driving.

Making a Claim With Fatal Car Accident Solicitors

Fatal injuries compensation claims can be difficult, complex and demanding.  It should not be left to an average personal injury solicitor.  You need a specialist to help you deal with the important legal matters, the investigations into the fatal car accident and deal with the compensation.

Fatal Car Injury - Contact Us

Advice and assistance is available under a no win no no fee solicitor service so you have nothing to worry about when instructing us.