In a 1994 episode of The Simpsons, Apu is sacked from his job at the Kwik-E-Mart. This is the result of him selling a customer (Homer) meat which has gone off. Subsequently, Homer feels sorry for Apu, who stays with the Simpson family while he is looking for another job. They devise a plan to visit the President of Kwik-E-Mart in the Indian Himalayas and ask for Apu's job back. The President allows visitors to ask him a maximum of three questions. Of course, Apu only needs a single question – “Can I get my job back, please?” – and, of course, Homer messes it up for him. When they eventually get their audience with the President, high in the mountains, Homer is taken aback by the boss's appearance - a guru with long white hair, sitting cross-legged. Before Apu can get a word in, Homer asks: “Are you really the head of the Kwik-E-Mart?” (Yes). “Really?” (Yes). “You?” (Yes). At that, their questioning rights used up, the President asks them to leave and “come Continue Reading
When can you claim for the loss in value of a repaired car?
Where there is a personal injury claim arising out of a road traffic accident, there is often a claim for damage to a car as well. As we have discussed elsewhere, claims for damage to vehicles will be valued on the basis of the lower of: the cost of repairs; and the net pre-accident value of the vehicle (in other words, the pre-accident value of the vehicle, less any scrap value). Another way of putting it is to say that, if the cost of repairing your vehicle will be “too high” relative to its value, the maximum you will get for it will be its net pre-accident value. What if your car was very new when it was damaged? In that case, while it may be economical to repair the vehicle, you might well feel that your repaired vehicle - even if it has been very well repaired – has lost value compared to what it would have been worth for resale if it had not been in an accident at all. It’s an interesting question: whether the owner of a car which is damaged in a road traffic Continue Reading
Why it matters if you have a contribution for Civil Legal Aid
One of the ways to fund a personal injury claim is by means of legal aid. Advice and assistance is available to cover the preliminary work, including intimating the claim and negotiating with the third party or their insurers. If the negotiations break down for any reason, you will need to raise a court action if you are going to achieve a fair settlement of your claim. Under legal aid, you need to apply for Civil Legal Aid, which requires various forms to be completed. This includes providing details and vouching of your income and capital. The application is then submitted to the Scottish Legal Aid Board (SLAB) via an online system. SLAB have various tests they apply in determining whether civil legal aid should be granted. This includes such things as: the value of the claim (and whether this is significantly in excess of any offers that have been made already to settle your claim); the prospects of success (anything less than 50% chances of success is going to Continue Reading
How does your solicitor negotiate your personal injury claim with the insurers?
We got some questions from a client about the general issues which arise when you're negotiating a personal injury claim with an insurance company. An article seemed like a good way to bring these answers to a wider audience. (Note that we have also based a podcast on these same questions - go here if you would prefer to listen rather than read). We're talking about the stage in a claim where liability has been admitted and it's about maximising the settlement figure with the insurers. The hope is that it will be possible to agree a figure by negotiation but, in the background, there's always the possibility that you might need to raise a court action to achieve a reasonable level of compensation. What tactics and strategies apply here? Do we have to show our hand first rather than let the insurer make an initial offer? This is generally the way it is done. Claims in Scotland are most often negotiated according to a pre-action protocol - basically, an agreement between Continue Reading
Do personal injury claims have any public benefit?
It's a myth that there is a Compensation Culture. It's a myth that personal injury claims drive up insurance premiums. But is it possible to show any real public benefit from personal injury compensation claims? Moray Claims / Grigor & Young LLP operates at a fairly local level and, in this article, we will look at 4 examples of ways in which personal injury claims by individuals have resulted – or could result – in changes which are of public benefit. 1. Removing a trip hazard A successful claim for a pedestrian who tripped on a raised piece of tarmac on the pedestrian footway close to the underpass at Alexandra Road, Elgin, resulted in the defect being repaired by Moray Council within a matter of days of the claim being intimated. 2. Properly marking/highlighting a trip hazard This raised area within Elgin bus station caused a pedestrian to trip and fall and suffer injury. It was never entirely clear why the plinth was there in the first place - possibly for an Continue Reading
Can an Adoptive Parent Claim for Nervous Shock as a Secondary Victim?
Here’s a question sent in to us via this website. Regarding your article 'How Nervous Shock Claims depend on whether you are a Primary or Secondary Victim' posted on 9th Dec 2016, I'm curious to know whether the mother of an adopted daughter can be regarded as a secondary victim? That article explained how Nervous Shock is not a medical term but instead one used by lawyers to describe a range of psychiatric conditions that can follow from an accident. Primary victims are people who are injured by being directly involved in the accident circumstances. Secondary victims are people who witnessed what happened to those directly involved in the accident but were not themselves “part of the action”. Claimants in the category of secondary victim suffer psychiatric injury because of fear for the safety of another. In general terms, it’s much easier to succeed with a Nervous Shock claim if you are a primary victim than if you are a secondary victim. For fear that an avalanche of Continue Reading
Moray Claims becomes a trading name of Grigor & Young LLP
In the time since Moray Claims started up - in 2012 - it has been a trading name of Grigor & Young, Solicitors and Estate Agents. During that period, we have been able to help a lot of people in Moray and beyond to claim fair and full compensation for personal injury. In the recent past, we have moved past the 200 mark in terms of number of articles on our blog. Accordingly, there is a lot of information about personal injury claims in Scotland on the website - a resource you can search using the Search Form in the right-hand sidebar of each page (or, if you are using a mobile device, by scrolling further down this page). We have also produced some audio content in starting our Moray Claims podcast. The initial episodes reflect the written content on the site which has proven to be most popular. This is another area of knowledge distribution we hope to continue and expand. From 01 April 2018, Grigor & Young becomes a limited liability partnership. From that date, its Continue Reading
What are your rights following a road traffic accident that was not your fault?
The Competition & Markets Authority (CMA) is a UK government department, responsible for strengthening business competition and preventing and reducing anti-competitive activities. In September 2014, it produced a report following an investigation into the private motor insurance market. One of the things they considered was the possibility of providing improved information to consumers on their rights following an accident. They noted that there appeared to be market-wide support for such a measure. CMA found a poor level of awareness among consumers about their basic rights following a road traffic accident that was not the consumer's fault. The report summarises the legal and factual background to its remit. It explains how the law requires motorists to hold a valid insurance policy to cover “third party” risks. In other words, insure against the risk they will injure another person or their property through their driving and have to pay compensation for those Continue Reading
How do you know if your vehicle is repairable or a write-off after an accident?
If your vehicle is damaged in an accident, how your loss is measured will depend on whether it is regarded as economically repairable or not. In this process, it is the market value of the vehicle at the time of the accident which matters as the economic benchmark. The amount it’s insured for does not matter. Neither does the likely replacement cost. The seriousness of accident damage is ranked by insurance assessors using various categories. Prior to 01 October 2017, the four categories were A to D, with A being most seriously damaged and D least severe. In the name of “progress”, this logical system has now been replaced by something less intuitive. The categories are now A, B, S and N. Categories A and B are unchanged from before. Category A vehicles are so badly damaged that they must be scrapped and crushed. No salvage of parts for re-use is allowed. Under Category B, vehicles are again extensively damaged, though some parts may be salvageable. The vehicle must be Continue Reading
How is your loss calculated if your vehicle is damaged in an accident?
Personal injury claims often result from road traffic accidents. In that context, clearly, potential claims for damage to cars will also come up. In what circumstances will a damaged car be treated as a total loss? In other words, what is the basis of calculation of the claim you can make if your car is damaged? In Scotland, the law dates back to the case of Pomphrey –v- Cuthbertson, decided in 1950. This arose out of a road accident in 1948. William Pomphrey, a newspaper proprietor from Wishaw, and his wife, Joan, made claims for personal injury compensation and losses on Mr Pomphrey’s vehicle against James A. Cuthbertson Limited, agricultural engineers. Mr Pomphrey’s Fordson commercial motor car had been damaged in the collision between the car and a Dodge motor lorry, owned by Cuthbertson and driven by one of their employees. The claim was based on vicarious liability and liability was admitted. The accident had been caused by Cuthbertson’s employee’s negligence. So Continue Reading
3 ways timing is important with Legal Expenses Insurance
I was sad to read that one of my all-time favourite bands, Rush, are "basically done" after 41 years of music making. At times, as a child, I would listen to their LPs incessantly and many of the lyrics have stuck with me through my life. A Farewell to Kings (1977) was the first Rush record I bought and these words are from the title song: When they turn the pages of history When these days have passed long ago Will they read of us with sadness For the seeds that we let grow? We turned our gaze From the castles in the distance Eyes cast down On the path of least resistance Cities full of hatred Fear and lies Withered hearts And cruel, tormented eyes Scheming demons Dressed in kingly guise Beating down the multitude And scoffing at the wise As Rush sang in another song (Circumstances), quoting famous words attributed to Jean-Baptiste Alphonse Karr from the mid-19th century: "The more that things change, the more they stay the same." 40 years on, the last 4 Continue Reading
When does Legal Expenses Insurance cover you for a Personal Injury Claim?
Cammy Keith, the all-time leading goalscorer for Keith football club, went viral on social media following his side's lead to defeat to Rothes on 03 February 2018. Keith (the player) scored both goals for Keith (the team) and so, on results pages, it appeared as though he had almost achieved a near-impossible outcome: a draw where one player was up against a full team of 11 players. A tweet that he had put in the "quite the shift" was retweeted many times. Quite the shift for Keith on his own. pic.twitter.com/nkni1CMcvy — The Harry Wraggs (@THWtwit) February 3, 2018 In that case, the bare statistics gave a misleading impression as to whether it had been a fair match. As an injured person with a possible personal injury claim for compensation, it is never a fair match at the outset. You need to take every possible measure to tip the scales back to your side, even if you don't level them up completely. The scales are weighted in favour of the insurer on the other side Continue Reading