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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.

Fatal Car Accident Claims – Face Jail

Many deaths on the road are due to careless driving techniques (causing death by careless driving) or dangerous maneouvers (causing death by dangerous driving) often with a result of a fine, penalty points and a jail term.  The latter is more likely if the offence was deemed to be dangerous.

However, even if death is caused by dangerous driving, nevertheless it is often said that the jail term does not reflect the offence, often jail terms are between 2 to 4 years.

Using Mobile Phone and Causing Death On the Road

With the recent upsurge in using mobile phones behind the wheel, handsfree or otherwise, there as been a rise in fatal car accidents and non-fatalities on the road due to the distraction when using a phone.

At the present time the maximum sentence of causing death by dangerous driving is 14 years sentence but the average jail term is less than 4 years.

Certainly killer drivers ruing lives, the pain is immeasurable to the families and friends left behind.  Whilst it is impossible to compensation a loved one who has been killed in fatal road accident claim nevertheless the Government are determined to ensure that the punishment fits the crime.

Sam Gyimah the justice minster has come out recently and advised that the message is clear:

‘if you drive dangerously and kill on our roads, you could face a life sentence.’

Death By Dangerous Driving Solicitors Advice

Expert legal advice is here if you have been affected by a death in the family (or a friend) who sadly has lost his or her life in a fatal road accident.

Our solicitors are here to help you every step of the way.  Even if you just want a chat at this stage please contact us for expert support and advice.

Reducing Fatal Car Accident Claims

The Department for Transport will take measures to fit speed cameras and warning signs of 50 of the most dangerous A roads in the UK to reduce the number of fatal accident claims and serious injuries on the roads.

It is reported by the DfT that in 2015 there were over 1700 deaths on the roads and over 22,000 people seriously injured.

One of the roads it has planned is for the A32 through Hampshire which has recorded 33 fatal road accident claims and serious injuries.  Also there is a stretch of road that is 12 miles long the A285 through South Downs which has 23 major accidents and was named the UK’s highest risk.

Other roads that include fatal car accident claims and life changing  injuries that have been targeted is the A588 between Lancaster and Blackpool were there were 28 serious car crashes in 2 years.

In addition to speed cameras other road calming methods are being considered by Councils such as anti-skid treatments and rumble strips to slow down cars.

A spokesperson from the RAC welcomed the initiatives advising that the number of fatal road accident claims have come down but at recent times has remained at 1750 over recent years.

Fatal Road Injury – Reported on Facebook

It is reported in The Mirror and described as a “horror crash” that a 18 year old teenager, female, had drove through a stop sign before colliding with another vehicle coming in the opposite direction.

The car crash resulted on personal tragedy to the two other occupants in the car where they were regrettably and tragically killed in the fatal collision.

The Mirror describes that the female teenager that alleged caused the fatal road injury had said on the social medial platform, ‘Facebook’ the following:

A teenager boasted that she was “all over the news” after killing two people in ahorror car smash.

The female teenager was driving the car with two friends before the fatal road injury.  She was treated with her two friends for minor injuries and was taken to hospital.

Fatal Road Injury Compensation Claims

Death on the road due careless or dangerous driving is, with regret, a regular occurrence on UK roads.  The devastation left behind to the loved ones of the deceased is simply unbearable.  The sudden loss and unexpected death just highlights the grief that the families left behind have to cope with.

Following the fatal road injury, there is the inquest, the investigations into the cause of the accident where the fatal road accident has to be put in evidence to the court, re-lived by the family.  There is also the legal work that needs to be done simply to undertake the paper-work and the claim and cross claims that will no doubt have to be made with the offender’s insurance company to claim the fatal road injury compensation.

As fatal road injury compensation solicitors we understand the needs and demands of the bereaved families, we have over 27 years of experience dealing with such tragic car accidents.  Just one call to us and we will begin to sort out everything that is required to commence the fatal road injury claim, investigating the truth, the paper-work and the claim for compensation for the fatal road injury claim.

Police Officer Not Guilty of Death by Careless Driving

A tragic accident happened between a police officer driving a vehicle on an emergency call resulting in fatal road injury claim.  The police officer was driving his vehicle at over 30 miles per hour above the 40 miles per hour speed limit on the road in wet conditions.

With regret and  resulting in tragic consequences, the police vehicle collided with another vehicle containing two occupants.  One of the occupants died from the multiple injuries and the other passenger of the vehicle sustained a facial fracture.

Police Investigation Into The Fatal Road Injury Claim

It was found by the Independent Police Complaints Commission that the police officer had lost control when driving his vehicle on a bend which then collided into the on coming car where one occupant was tragically and fatally killed.

Pc Thomas Hart, 27, was acquitted following a four day trial at Teesside Crown Court.  The IPCC thought there was sufficient evidence to charge the police officer for death by careless driving.

However the Crown Court that head the evidence found that there was insufficient evidence and thus he was found not guilty of causing death by carless driving.

The IPCC produced a statement:  “This was a terrible tragedy for all involved. My sympathies in particular go out to Aimee Welsh’s family and friends. They have lost someone they loved dearly.”

Death By Careless Driving

In this case although the police officer was found innocent of causing death by careless driving, nevertheless it does not necessarily mean that no compensation claim for the death can be made.  As fatal accident solicitors, we were not involved in this most unfortunate case but anyone who has been involved in a similar circumstance will be advised that a fatal injury compensation claim can be made through the civil Courts.

In the above case, the Police officer was being charged with death by careless driving in the Crown Court, i.e. by the Crown Prosecution Service and if found guilty may got to jail.  In a Civil compensation claim, anyone acquitted by the Crown Court of causing death by carless driving can still be made to pay compensation for the fatal injury claim as the standard of proof is less than in the Crown Court.

Driver’s – Freak Fatal Injury – Inquest Told

Fatal Injury to Driver

A racing driver in America was struck by debris from another racing car at the ABC Supply 500, in Pennsylvania towards the end of summer last year.

The driver sustained fatal injuries when the leading vehicle struck a barrier at about 200 miles per hour which caused parts of the racing car to depart from the vehicle and scatter around the track.

Regrettably and with tragic and horrific results a piece of the vehicle struck the racing vehicle behind, striking the driver’s helmet causing the fatal injury.

The racing driver was said to be unconscious.  He was taken to hospital for emergency attention but with regret he died the day after the ‘freak accident.

Inquest Hearing Held in the UK

 

The BBC has reported that the Northampton Coroner, Anne Pember read out a statement from the racing driver’s father who said that the tragic event was a ‘freak accident.’

“Justin was unconscious, he was extracted from the car and rushed to hospital. He underwent surgery and was kept on a life support machine until the following day.

“The decision was then taken to switch off the machine. Justin was a kind, caring and loving son who is sadly missed by all of his family and friends.”

Mrs Pember concluded that Wilson’s death was accidental.

More Reading:

Fatal Injury – Telegraph

Fatal Injury – BBC

Coroner’s Court and Inquest Hearings & Fatal Injury

It is often considered mysterious the powers of the Coroner due to its long established authority to consider deaths following a fatal injury or fatal injuries in certain circumstances that are unclear or unusual.

In simple terms the Coroner will order, usually the Police in road traffic accidents or the Health and Safety Executive in fatal injury accidents at work to undertake all relevant investigations into the death.  Witnesses will be spoken to, statements obtained, pictures and video evidence considered.

The Coroner’s court is ‘factual’ it is concerned only with the facts of the case not who is to blame but often, the facts will point heavily to who is to blame.

Representation at Coroner’s Courts

At an Inquest Hearing, the bereaved families will experience the legal process for the first time.  It can be challenging, worrying and sometimes hard to understand the process but the Coroner will do his or her best.  But sometimes the evidence should be tested by fatal accident solicitors acting for the bereaved families. The witnesses can be cross-examined within certain restraints and likewise expert evidence that may be introduced to form opinions about how the fatal injury was caused.

Here at the fatal injury claims solicitor we often feel the families do need the help and assistant from expert solicitors to help them understand the process and to make representation often under a no win no fee solicitor agreement.

If anyone needs help or advice please contact us today: fatal injury solicitors.

Child Sues Mother For Serious Injuries

Fatal accident claim solicitors have issued court proceedings earlier this year to safeguard the well-being of a child who sustained life changing injuries.

It is reported that the fatal road accident happened when the mother lost control of her vehicle and hit a brick wall.  The child was in the back seat.

However there is an allegation to suggest that the the child was not correctly strapped and secured in the “child seat” and therefore may have caused greater harm to the child.

The mother tragically died from brain injuries several days after the tragic fatal road accident.

Fatal road accident

How Can a Child Sue His/Her Mother?

What will happen is that as the fatal crash may have been caused by the mother, the solicitors acting for the child will argue that as it was the mother’s fault, she must pay any compensation to the child.  The compensation is usually paid for by her motor insurer policy, not the other hence the requirement of compulsory motor insurance. This will apply even though she has tragically died in the accident.

The mother’s insurance company will instruct specialist fatal road accident solicitors to investigate the claim for compensation to establish fault and test the claim for a compensation award.

The Child’s solicitors will need a responsible adult to take instructions from.  An adult in law is over 18 years of age.  It will usually be from a parent, but in this case it can be from the child’s father (if available), grandparent, uncle etc who will have the best interests of the child at heart. This person is called a litigation friend. If there is no responsible adult to represent the child the Court of Protection can be appointed.

For further advice and support please contact us, the fatal car accident claims solicitors.

Father of Three Dies in Fatal Car Accident

Father of Three Dies in Fatal Car Accident

A father-of-three died at the scene of a fatal car accident which involved the deceased’s car and another vehicle.

It is believed the deceased was over taking at the time of the accident which was a result of this fatal accident just moments after dropping his children off after a fun filled day.

#BrokenHeart
#BrokenHeart

The deceased was driving a Ford Focus on a long stretch of road when he moved to overtake a grey Toyota Corolla when he collided with a Volkswagen which was travelling on the opposite side of the road that resulted in them colliding head on and rolling over and coming to stop in a field.

The driver of the Golf suffered minor injuries, but unfortunately the father-of-three died at the scene of the accident due to fatal head injuries.

Fatal Car Accidents and Claim Solicitors

Here at R James Hutcheon Solicitors we understand that nobody can put a cost on the death of a loved one following a fatal car accident. The personal tragedy, pain and suffering is immeasurable. It is believed the number of deaths on the road amounts up to around 3,000 per year.

“What are your charges?”

If you are wondering about costs for legal advice, you have nothing to worry about if you come with us due to us working on a No Win, No Fee basis which means if we do not win your case you do not have to pay us anything.

No Win No Fee No Solicitors

Contact one of our specialist solicitors we have over 27 years of experience in handling fatal accidents cases.   There are time limits to claim compensation for fatal car accident claim so please don’t leave it too late.