In other articles, we have discussed how legal expenses insurance can help minimise the cost risk to you if you need to make a personal injury claim for compensation. The term “legal expenses insurance” can include both before-the-event (BTE) insurance and after-the-event (ATE) insurance. With ATE insurance, the insurance policy is taken out after the accident in order to cover the risk of having to pay the opponent’s legal costs (for example, if you raise a court action but the claim fails and you lose). BTE insurance covers against future legal costs but was in place before the event which gave rise to the claim, such as the accident which has caused the personal injury for which you need to claim compensation. BTE insurance generally limits your freedom to choose your own legal representative because claimants are directed to use firms of solicitors which are on the BTE insurer’s approved panel. Panel firms may be located a considerable distance from your home, especially Continue Reading
Why you should always make use of insurance, if you have it
We criticise insurance companies on this blog quite often. Of course, insurance companies are frequently critical of solicitors who help people to make personal injury claims. They are also critical of claimants themselves. As well as people with possible personal injury compensation claims, we get a lot of enquiries from people who are worried that some sort of compensation claim might be made against them. If they have insurance cover, they are not sure if they should use it. If you have insurance that will help you defend a claim against you for personal injury (or property damage), you should make use of it. Here are a couple of very recent examples. The first scenario is a road traffic accident. Of course, in theory, it is compulsory to have motor insurance to cover you against the risk of liability to a 3rd party. In this case, the person making the enquiry to us had been driving at night in a suburban area. There was street lighting. The car in front was Continue Reading
4 ways to avoid problems with your whiplash injury claim (that your solicitor can’t really tell you about)
Whiplash injuries are problematic because they are soft tissue injuries. They cannot be identified or confirmed on any form of medical scan. They can be difficult to diagnose. Because of this, they are controversial injuries. They can be exaggerated. It is said that they can even be faked. In May 2018, the insurer Aviva reported that the value and volume of fraudulent claims detected by them had increased for the second consecutive year. Aviva said it now rejected around one in eight whiplash claims because they were suspect or considered to be fraudulent. Putting the case for personal injury victims, on the other hand, the Association of Personal Injury Lawyers (APIL) pointed out that on the Association of British Insurers' own figures, only 0.17% of all motor claims are proven to be fraudulent. Motor claims include property claims due to fire, theft and damage, as well as personal injury. In other words, not all motor claims involve a personal injury element, so only a Continue Reading
Can you make a personal injury claim if you definitely don’t want to go to court?
Tilley hats might be the best in the world. They’ve been called “legendary” and “iconic”. Tilley hats float and, if lost or stolen, can be replaced for half their full purchase price. Should the hat wear out due to normal wear and tear, poor workmanship or faulty material, it will be repaired or replaced free of charge. Tilley hats are guaranteed for life. In 2013, a Guardian reader reported that, when the fabric of their hat split after 17 years, Tilley still honoured the lifetime guarantee and replaced it. They’re expensive hats but the various risk-reversal elements clearly help keep them desirable purchases. A guarantee can make a big difference to how likely we are to choose a product or service. In the context of personal injury compensation claims, not everyone wants to have their day in court. On the other hand, in another article on this website, we’ve considered the pros and cons for those who want a guarantee that their personal injury claim’s outcome will be Continue Reading