2010-12-30 by Admin
If you are one of those people who always seem to get
caught out when buying a new or used vehicle then it
is a good idea to protect yourself right from the word
go.
Should you find your vehicle repeatedly throwing up
defects, large or small, it is imperative that you
note times, dates and hours wasted so that should you
press for compensation you have a full history of
events to “persuade” the dealer with.
For example, what happens if you break down on a busy
highway? Note the defect, the time, how long you had
to wait for assistance and lastly the cost and nature
of repair. It is also a good idea to note how all of
this made you feel since you could claim for distress.
Of course small defects may not be enough in some
states to warrant the “lemon” label. In other states
just one defect will be adequate. Unfortunately, state
laws differ widely on what constitutes a lemon but you
should not give up the good fight and accept shoddy
goods.
Details of all states and their criteria for classing
cars as lemons are available on the internet and it is
easy to look up any particular state.
Some companies have a “buy back” scheme for cars
classified as lemons so you should pay particular
attention to their requirements.
If all else fails then of course, once you have enough
evidence, you can follow the litigation route to try
for compensation. This can be both expensive and time
consuming.
TagsTags: Back Scheme, Cars, Good Fight, History Events, Lemons, Litigation, Nature, People, Shoddy Goods, State Laws
Posted in Compensation Claims
2010-12-23 by Admin
A people carrier, 0 60 in 5 seconds! Actually to be exact, it takes a handful of people to complete your road traffic accident compensation in 5 steps.
Below is a brief outline of the steps carried out.
1. Claim online or call a free phone number
2. Speak to a consultant from a Law Society approved firm
3. Sign and return the paperwork sent
4. Attend a medical examination if need be
5. Sign the release of your compensation claim money
Here’s a number 6 to your road traffic accident claim so that you can spend your money.
Road Traffic Accident Claim Details
1. Claiming online is very simple if you have an email address. Fill in the blanks and submit your application.
Many firms have resorted to the Internet as its a successful medium to interact with their customers. Or if you dont have an email address you can call a free phone number and provide some basic details. Some firms dont have a free phone number so youll have to beware for who you use.
2. You will need to speak to a consultant regardless. There are reasons for this. One youll know there are real people behind the company and secondly they will know you are serious about making an accident claim. You will be asked questions about the accident, the how, when, who and where. So dont feel interrogated as theses questions are compulsory in order to purse a claim.
3. Some documentations will be sent to you, to sign and return. If there is something that you dont understand then simply ring the number attached to the form. The main outset is 100% compensation. Meaning you dont pay anything if you win or lose. After documents are signed return them in the stamped address envelope and post them.
4. In order to assess your compensation amount, you might need to attend a medical examination. This is basically where a medical consultant will assess your injuries that occurred from the accident. You may also need to travel some distance, however keep your receipt of travel and this can also be reimbursed to you.
5. Soon after you will receive some final documentations, outlining your compensation monies. Sign the documents and it wont be long before you receive a cheque at your doorstep.
6. This is the final step, where you can spend the money where ever you please. No money should be deducted and should all be placed in your hand.
It is very likely that some road traffic accident claims can be settled within 3 4 months. However in order for this to happen you need to assist the personal injury solicitor every step of the way.
So now you can see there really isnt much to it when claiming compensation for a road traffic accident.
Take the 5 steps and va va voom to the finish line.
TagsTags: 5 Steps, Address Envelope, Claim Money, Compensation Claim, Documentations, Doom, Handful, Medical Consultant, Medical Examination, Money Road, Number 6, Outset, Paperwork, Purse, Real People, Receipt, Road Traffic Accident, Road Traffic Accident Claim, Road Traffic Accident Compensation, Theses
Posted in Compensation Claims
2010-12-16 by Admin
Most road traffic accident compensation involves two drivers, with a driver or passenger from the one vehicle seeking compensation from the driver of the second vehicle. Based on evidence that the accident was caused through negligence. The road traffic accident compensation claim will lead to legal proceedings that will involve the driver and possibly, passengers of both vehicles claiming injury as a result of the negligent driving on one the parties behalf . Typically, legal proceedings due to poor road design, will be against a local council. This can be on the basis that they to have failed to install proper signs maintained proper design or maintain a A road, high street or motorway. A road traffic accident compensation claim may also include a product liability claim lodged toward the manufacturer of a car or car part, claiming design or manufacturing defect which lead to the accident. Also, if a car mechanic or garage left a car in an unsafe condition, liability may fall within their responsibility.
Unique Situations
Unique situations can often arise in a road traffic accident compensation claim which make the legal proceedings more difficult. All parties involved may be liable for potential injuries and this will be considered during the course of any legal proceeding. Various issues that can arise from the accident itself include:
Leaving the scene of an accident: Is not so uncommon in the UK where the driver who causes an accident fails to stop at the place of the accident. This will make it difficult for the injured party involved make a positive ID and therefore bring the driver to court.
Pedestrians and Road Accidents: In such situations, a member of the public can suffer serious injuries as a result of a collision with a vehicle. Often time the conduct of the pedestrian is called into question making it difficult to make a claim against the driver.
Motorbike & Car Accidents: Motorcyclists are very much at risk in regards to personal injury when involved in a road traffic accident, even in collisions which would be relatively minor had they occurred between cars. Due to the nature of some motorcyclists, it may be prove difficult to obtain a far hearing from a jury as they’re commonly deemed ‘wreckless’ road users even if the other party is clearly at fault.
Bicyclists & Car Accidents: Bicyclists are among the most vulnerable road users. They are more likely to sustain serious injury when hit by cars or other vehicles. Various hazards such as doors opening in front of them are obvious causes of collisions as well as many others. Cyclists are often caught in the drivers blind spot and they often report that they did not see the bicyclist until it was too late.
Buses & Car Accidents: Bus accidents can also be quite serious. Due to the sheer size, passengers carried, a collision with a bus will not only see other road users worst off, but unmanaged passengers can also add to the already heated mix of a road accident. Any road traffic accident compensation claim will also be taken up with the operator of the bus not just the driver.
Unsafe road conditions: Where things like road debris and poor, uneven road surfaces abound, accidents can be common place. Whether this is in the form of parts which have fallen off of vehicles, or debris that is kicked up from the roadway, it can all be used as evidence in a road traffic accident compensation claim if the driver believes this was the cause of the accident.
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If you need advice or would just like to speak to someone, please dont hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Road Traffic Accident Compensation specialists.
TagsTags: Accident Compensation Claim, Car Accidents, Car Mechanic, Injured Party, Leaving The Scene Of An Accident, Legal Proceeding, Legal Proceedings, Local Council, Motorbike, Negligence, Negligent Driving, Pedestrian, Pedestrians, Positive Id, Product Liability Claim, Road Accidents, Road Traffic Accident, Road Traffic Accident Compensation, Road Traffic Accident Compensation Claim, Unsafe Condition
Posted in Compensation Claims
2010-12-09 by Admin
Before making a road accident compensation claim, there are special issues which may affect liability.
Council Immunity: This states that a victims injury may limit an injury victim’s ability to sue when the driver of the vehicle that causes an accident is a council employee who is working at the time of the accident, or where the accident involves a council-owned vehicle in view of a road accident compensation claim.
Owner Liability: This states that even if a vehicle is borrowed to a third party, if an accident ensues, the owner may be jointly liable for damages caused by the third parties fault.
Company / Employer Liability: This states that here an employee is driving a vehicle “on the job”, or within the course and scope of employment, the employer can be jointly liable for injuries caused by the employee’s negligent driving conduct.
Mobile Phone Usage: Mobile phone usage whilst driving is banned in the UK. Employers may want to consider the following best practice guidelines. Mobile phones should be switched to voicemail when the user is driving. Emergency calls only should be made / received when on the move
Employees should be encouraged to only make or receive calls – even with a hands-free kit when they are safely parked away from the road. Any accident caused in this way will affect any road accident compensation claim .
Insurance Cover
The insurance problems car accident victims have with insurance coverage typically fall into three categories:
Uninsured Driver – Unfortunately there are a growing number of people who are driving without any car insurance, an MOT and in some cases a driving license. In the UK, there is an organisation called the MIB (no they dont wear black suits) which stands for the Motor Insurers Bureau who deal with paying out claims against uninsured drivers. This was set up to offer victims of uninsured drivers a way to gain a Aroad accident compensation claim that could then be reclaimed from the uninsured.
Underinsured Driver – Underinsured Motorist coverage is the term used when the other vehicle’s policy limit is inadequate to pay for all your damages.
Provided you have a Standard Policy, your own insurance company may pay for damages to your vehicle caused by; any person or organization who did not have liability insurance at the time of the accident. Any person or organization who had adequate liability insurance coverage at the time of the accident, but for some reason, the company writing the insurance denies that their policy provides coverage for the loss. Any person or organization who did not carry enough insurance to pay for your damages in full. If you only have a Basic Policy, you do not have any protection if your vehicle is damaged by either an uninsured or underinsured driver.
Insurance Company Bad Faith – Anxiety and distress are natural emotions caused when an insurance company refuses to pay. In many circumstances there may be a legitimate reason for the insurer not paying, but there have also been a number of cases where the insurance companys refusal has been considered unreasonable, unfair and in ‘bad faith’. In legal terms, the insurance company has acted in breach of contract.
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If you need advice or would just like to speak to someone, please dont hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Road Accident Compensation specialists.
TagsTags: Accident Compensation Claim, Car Accident Victims, Car Insurance, Claim Insurance, Claims Against Uninsured Drivers, Employer Liability, Hands Free Kit, Immunity, Injury Victim, Insurance Coverage, Insurance Problems, Mib, Mobile Phone Usage, Mobile Phones, Motor Insurers Bureau, Move Employees, Owner Liability, Road Accident Compensation, Uk Employers, Uninsured Driver
Posted in Compensation Claims
2010-12-02 by Admin
Product Liability and Personal Injury Compensation Claims in the UK
Product Liability and Personal Injury Compensation Claims in the UK
There are strict laws in the UK governing the manufacture and sale of products. If a manufacturer sell a product that is defective and the defects cause injury, loss or damage then that manufacturer is liable to pay compensation.
Fortunately, suing a manufacturer for compensation in a product liability case is easier than you think.
Products Liability is generally considered a strict liability offence. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
PRODUCT LIABILITY – FAULTY GOODS
These are cases arising out of a situation where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing a standard consumer product which is defective, then you may be able to claim compensation from the manufacturer/supplier as well as individuals/companies through whom the goods may have passed.
Defective household products can result in serious injuries, or even death. Defective household products that injure consumers may result in a product liability claim.
One of the most common terms to arise in product liability litigation is defect. In the eyes of the law this term has a broader meaning than one might expect. The law considers any product which is unreasonably dangerous for its intended use to be defective. In considering this definition, it is important to remember that the term unreasonably dangerous is crucial to the meaning of the term defective. Thus, a product may be inherently dangerous but have such utility that the danger is one which would not be considered unreasonable.
Manufacturers are almost always covered by insurance and claims for damages usually fall into four categories:-
Defective Design
means that an item is inherently dangerous because of inadequate design.
Defective Manufacture
generally occurs because of a quality control failure ensuring that the item does not achieve the required specification.
Defective Warnings
do not accurately reflect the dangers associated with the item or adequate warnings may have been minimized by the salesman.
Negligent Surveillance
occurs when a manufacturer does not properly warn consumers about an items subsequently discovered lack of safety.
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If you need advice or would just like to speak to someone, please dont hesitate to give Claims Master Group a call on 08000 71 22 71.
The Personal Injury, Accident Claim, No Win No Fee, Product Liability specialists.
TagsTags: Consumers, Defendant, Faulty Goods, Household Products, Liability Case, Manufacturer Supplier, Personal Injury Compensation, Personal Injury Compensation Claims, Personal Uk, Product Liability Claim, Product Liability Litigation, Products Liability, Strict Laws, Strict Liability, Uk Personal
Posted in Compensation Claims