One of the first things a personal injury solicitor will consider, if you have a potential claim, is how you are going to get paid. (Yes, they’ll also think about how they might get paid for any work they do, but the first consideration has to be how easily you will recover compensation). It’s partly about whether you’re likely to be entitled to compensation - can you prove breach of duty or negligence? Fundamentally, though, it’s about ensuring as far as possible that, assuming your claim does succeed, someone will be there to pick up the tab – to pay you the compensation. Ideally, you want to know that there is insurance cover and that an insurance company will pay out on your claim. In this article, we will look at three aspects of insurance in relation to personal injury claims. Firstly, when can it happen that there is no insurance? Second, in which situations ought there to be insurance to cover personal injury compensation? And, finally, what steps does the law take to Continue Reading
Below you can find our articles dealing with General Insurance issues.
On one level, the idea behind personal injury law is simple. You have suffered an injury as the result of the wrongful or negligent conduct of someone else. You seek financial compensation from them. The intention of the law is that the money you claim should somehow put you back in the position you would have been in if you had not been injured. But financial compensation is not like for like. It rarely, if ever, achieves the goal of making up for the injury losses you have suffered. This problem is most acute where the injuries are very serious. Money for the loss of a limb is never going to be a magic wand that reverses the effects of the injuries. With minor injuries, which could be described more as an inconvenience and where a full recovery is more likely, monetary compensation works better as a remedy but still imperfectly. “That personal injury claim was a nice wee earner and I’d happily have another one next week” – said no genuinely-injured person ever. Most personal Continue Reading
Consumer claims on home and other insurance policies should now succeed more easily We’re now just over a year into a new legal framework which could benefit you, as a consumer, if you have to make a claim on insurance and your insurer refuses to honour it. The range of consumer insurance policies affected is very wide indeed. In our experience, most people have a wrangle with an insurance company sooner or later. This change to the law is something worth bearing in mind if you find yourself in dispute with an insurer over a claim you have made on a policy. The fatal mistake – failure to disclose Typically, the scenario is one where your insurer says that, at the time you took out the insurance (or renewed it), you failed to tell them about some important fact which would have influenced the level of premium – or even whether they would have agreed to insure you at all. In those circumstances, the insurer would refuse to pay out on your claim, or could impose some other Continue Reading