New car accident compensation claims system to be introduced

Category: Road Traffic Accident — Written By Injuries Direct — March 9, 2010

A new system to speed up the process of claiming car accident compensation has been looked at by parliament ministers.

Under the new proposals, there will be fixed stages and costs associated to what type of road accident the victim has and what injuries they have suffered.

The system could be similar to the current Motor Insurers’ Bureau scheme, which compensates those involved in an accident with an uninsured or hit-and-run driver. These are also awarded on a tariff basis depending on the type and amount of losses sustained by the innocent party.

The new proposals would introduce deadlines for the claimants’ and defendants’ solicitors to put forward their claim intentions.

Only sums between £1,000 and £10,000 will be covered by the new system – though a figure between these numbers make up the majority of car accident compensation payouts at the present time.

The scheme, which was developed in conjunction with the Ministry of Justice is due to come into effect from the 30th April.

Polar explorer involved in three-car road traffic accident

Category: Road Traffic Accident — Written By Injuries Direct — March 8, 2010

Polar explorer Sir Ranulph Fiennes was involved in a three car road traffic accident on the A6 in Stockport on Saturday afternoon.

Police have since appealed for witnesses to the accident amid claims that he caused the accident after falling asleep at the wheel of his Jaguar.

Sir Ranulph, who is the oldest Briton to reach the peak of Mount Everest, collided with a Nissan Micra travelling in the opposite direction before swerving into a Ford Focus. He was taken to hospital but was not badly injured.

Prior to the accident, Sir Ranulph, 66, had been taking part in the High Peak marathon – a 42-mile run across the Peak District. Authorities are now trying to find out whether this contributed to the crash.

The driver of the Nissan Micra, a 45-year old male, had to be cut free from the wreckage of his car. He suffered leg injuries and was taken to Stepping Hospital. His condition isn’t believed to be serious. His five-year-old son, who was sat on the back seat at the time sustained minor injuries.

Falling asleep at the wheel can be classed as dangerous driving and can lead to a hefty fine. The maximum penalty is two-year imprisonment. However, no arrests have yet been made.

Man seeks law change in claim for compensation road accident rights

Category: Road Traffic Accident — Written By Injuries Direct — March 2, 2010

A man from Reading has been campaigning for a change in the laws regarding family members making a claim for compensation when a relative has been killed in a road accident.

Jim Alston, 54, who lost his son in a motorbike accident, met with Justice Secretary Jack Straw last week for discussions on the issue.

However, Mr Alston has now admitted that he has done all he can in his attempts to persuade ministers to make changes to the law. He said: “It is up to the MP’s now. I have done everything I can.”

Mr Straw agreed to look at the rule which excludes families of road accident victims from claiming costs against the defendant. He also promised to look at the sentences passed down to those who caused death by dangerous driving.

Mr Alston’s son Bobby lost his life when he was hit by a car when riding his motorbike in Grazeley. The car driver, Bozhidar Lliev was sentenced to 18 months in prison for causing death by dangerous driving, despite the usual minimum sentence for the offence being two years.

He said: “I acknowledged that Mr Straw had recently announced the minimum was to be increased to five years and told him that in my view the minimum should be at least seven.”

Reading Conservative MP Rob Wilson accompanied Mr Alston to the meeting with Mr Straw. Also present was local woman Sandra Hudson, who lost her husband in a hit and run accident.

The driver of that accident, Mandy Lewis, was only given 24 weeks in prison for causing death while driving unlicensed and failing to stop after an accident.

Mr Wilson said: “on no level can the sentence handed out to Lliev and Mandy Lewis be considered fair, appropriate or just.”

North Lincs sees drop in car accident injury compensation payouts

Category: Road Traffic Accident — Written By Injuries Direct

The amount paid out in car accident injury compensation in North Lincolnshire has dropped by £10 million in the space of one year.

The figure dropped to £37.6 million in 2009, from £47.6 million in 2008.

Numerous safety campaigns and an effort to crack down on dangerous driving in the area have been the biggest factors in the reduced number of road collisions and subsequent compensation payouts.

The figures were released in a report of the road safety partnership – which uses Government data to show how accident numbers are falling each year.

Councillor Bernard Regan, chairman of the North Lincolnshire Road Safety Partnership said: “To see a huge £10 million drop in the cost of road accidents in one year is excellent news. It is testimony to the hard work of all our agencies on the partnership including the emergency services and the council.”

Statistics show that 98 people were killed or seriously injured (ksi) in road accidents in 2009, with 122 ksi in 2008.

Doherty manager gets 12 months for hit and run car accident

Category: Road Traffic Accident — Written By Injuries Direct — March 1, 2010

The manager of controversial Babyshambles front man Pete Doherty has been jailed for 12 months after being involved in a hit and run car accident.

Andrew Boyd, 42, admitted to knocking down 44-year-old Chris Corder as he delivered parish newsletters in his hometown of Hadleigh last September.

Mr Corder, who was left face down and unconscious in the road after being hit by the car, has been in a coma with catastrophic brain injuries ever since the accident.

The court was told of how Mr Boyd had borrowed a Caimler off of Pete Doherty in order to visit his mother, despite having no driving licence or insurance. Whilst leaving Hadleigh to head back to London, he was distracted by his crying son in the back of the car. As he turned around to check on the baby, Mr Corder walked into the road and was hit by the vehicle.

Although Mr Boyd stopped briefly 60 metres down the road, he sped off and left his victim in severe need of medical attention.

Judge David Goodin told Mr Boyd that he would not have been sentenced to imprisonment had he stopped and reported the accident.

He said: “You left him in the road with these devastating injuries. That panic was motivated by a desire to save your own skin.”

Mr Boyd was given 12 months in jail for dangerous driving, four months for failing to stop at the scene and four months for failing to report the accident. Although all sentences will run concurrently, it is likely that he will be released within six months – something which has upset Mr Corder’s family.

His sister Jennie Corder said: “I am really angry. He has ruined the rest of my brother’s life. I don’t honestly think he had any remorse.”

Mr Boyd was also banned from driving for three years for having no insurance and driving without reasonable consideration.

Insurance ‘fronting’ could make car accident compensation claims invalid

Category: Road Traffic Accident — Written By Injuries Direct

A study has shown that a large number of motorists are deceiving their insurance company to achieve cheaper premiums.

Over two-thirds are unaware that the practice known as ‘fronting’ is a type of insurance fraud and considered an illegal offence.

A common example of fronting would be when a parent names themselves as the policyholder on their son/daughter’s vehicle. In the majority of cases this dramatically reduces the insurance premium when the named driver is inexperienced.

Where it is found that an insurance policy has been ‘fronted’, the insurers can refuse to pay out any damages and it may harm the victim’ s chances of making a car accident compensation claim for any injuries caused.

Of those surveyed, one in five admitted that they had misled their insurance company in this way before.

35% of people believed that ‘fronting’ was a loophole in the law, 10% genuinely believed that it was a legitimate way of achieving a cheaper insurance policy whilst only 30% could correctly identify what the term meant.

Out of those surveyed, 94% agreed that it was socially unacceptable when they were presented with the correct definition of fronting.

A spokesman for Aviva Car Insurance said: “Well meaning parents may consider fronting an insurance policy to try and save money, but this is a false economy as those that try to cheat the system by declaring false information will find that their insurance is invalid when they actually need to make a claim on their policy.”

Man injured in road accident awarded £2.25 million car accident compensation

Category: Road Traffic Accident — Written By Injuries Direct — February 25, 2010

A man who was severely injured in a road accident has been awarded £2.25 million in car accident compensation.

Anthony Bennett, 26, was the front-seat passenger in the car being driven by his friend Jonathan Stephens in Cornwall in October 2003.

The driver of the car lost control of the vehicle when it was travelling between 60mph and 70mph and spun into oncoming traffic.

Mr Stephens died at the scene of the crash while Mr Bennett suffered injuries so serious that he is now paraplegic. He remained in hospital for months after the accident to receive treatment.

Mr Bennett’s claim for compensation was made against the estate of Mr Stephens for the huge reduction of lifestyle he has suffered as a result. He was a labourer and a bricklayer before the accident and is no longer able to work.

He has also had to adapt his life to the changes and requires a range of expensive disability equipment to help him cope.

Solicitors for Mr Bennett argued that Mr Stephens had been driving too fast and was therefore breaking his responsibility of care for the passengers in his vehicle and therefore he should be liable to pay compensation for his future care.

Mr Bennett was awarded an out-of-court settlement of £2.25 million in passenger accident compensation. He may also be entitled to annual payments and this will be decided in a future hearing.

Family of injured biker to make motorcycle accident claim

Category: Road Traffic Accident — Written By Injuries Direct — February 19, 2010

The family of a motorbike crash victim have confirmed they will launch a motorcycle accident claim for compensation.

Anthony Law, 62, was involved in a collision with a car on his way home from work. The car had turned right across his path and the driver had failed to see him coming.

He has now been told that it’s unlikely that he will ever walk again. His injuries include a broken back, two broken collar bones, a broken shoulder blade, kidney failure and internal bleeding. He is still recovering in hospital.

The driver of the car, Kate McCulloch was prosecuted earlier in the month and was banned from driver for one year, as well as being handed a £100 fine and ordered to pay £30 costs and a £15 victim surcharge.

Once the verdict was announced, Mr Law’s family told the Leicester Mercury their intentions to make a motorcycle accident claim for compensation.

Motorcycle accidents still remain prolific in the UK, despite the numbers of fatalities and serious injuries dropping by 10% over the last year.

Two die and another injured in Lancashire road accident

Category: Road Traffic Accident — Written By Injuries Direct — February 17, 2010

Two people have been killed and another seriously injured in a road accident in Lancashire.

An elderly driver, who is believed to have suffered a heart attack at the wheel, mounted a kerb in a busy street in Accrington; colliding with a mother and her 18-month baby at around 30mph.

Mother Jackie Bloomer was wheeling her son Jayden in a pushchair on her way to collect her elder son Declan from primary school when they were hit by the car. The pensioner’s Rover 45 had crashed up over the pavement and into the side of an office block, ploughing into the pair on the way.

All three were then rushed to the Royal Blackburn Hospital by air ambulance. The 89-year-old driver died on the way to emergency whilst Mrs Bloomer, 30, was in a critical condition. Sadly, Jayden sadly passed away soon after arrival to hospital.

Alan Smith, a local resident said: “It’s a very dangerous road. I’ve nearly been knocked over myself a few times.”

A spokesperson for Lancashire Police said of the road accident: “At the moment the focus of the investigation is on the possibility that the driver was taken ill or collapsed at the wheel whilst driving to Accrington town centre.”

Injured biker denied motorbike accident compensation award

Category: Road Traffic Accident — Written By Injuries Direct — February 11, 2010

A biker who was seriously injured in a collision with a car has been denied motorbike accident compensation.

The London Court of Appeal ruled that, despite suffering serious leg injuries in the incident the motorcyclist David Brown, 58, would not be receiving any damages.

Mr Brown was knocked from his bike at 10pm on December 9th 2004 as he was turning right. As he did so he was hit by BMW driver Dr Terry Paterson, and as a result sustained injuries to his head, ankle, ribs, knee, neck and shoulder.

At a hearing last year judges ruled that Dr Paterson was not responsible for the cause of the accident. He had argued that Mr Brown had turned across his path on the ‘pitch black’ road and therefore had no choice about colliding with him.

Lawyers for Mr Brown appealed at the latest hearing that although he may have been ‘partly responsible’, that Dr Paterson should be found 50% to blame and therefore half of any eligible motorbike accident compensation should be awarded.

However, judges again ruled in the doctor’s favour and therefore no compensation was awarded.

Mr Brown continues to suffer pain down the right side of his body following the accident over five years ago. He has undergone a number of operations to try and ease the problems.

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