Personal Injury Solicitors

Getting compensation on YOUR terms

Could this be a Spoke in the Wheel for Motorists?

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I have just been reading today’s Sunday Times and was shocked to see that ministers are seriously considering potentially ground breaking changes that promise to transform the current law relating to compensation claims in so far as it relates to cyclists and pedestrians.

At the moment the law in relation to liability for road traffic accidents (and indeed all other areas of compensation claims) hinges upon the question of fault and the issue of which party was to blame for the accident. Now this idea proposes to make all motorists liable when involved in an accident with a cyclist or a pedestrian even if they were not in any way responsible for the accident! The result will be that the insurance company for the innocent motorist will be automatically obliged to pay the cyclist who, for example, jumps a red light or rides the wrong way down a one way street!

Apparently the rationale for this proposed change is to encourage people onto their bikes thereby promoting healthy living and green credentials.  Of course presumably it is also hoped that this change will do something to reduce the numbers of cyclists being routinely mowed down and often seriously injured by motorists failing to take any or any sufficient care.

Whilst I can understand the reasons why this change is being mooted it is likely to result in a whole range of consequences that may or may not have been appreciated:

  • For instance if motorists are automatically called to account for these types of accidents will there be an increase in motorists failing to stop at accident scenes? If so the very pedestrians and cyclists which the proposed changes are designed to protect may well be put at even greater risk!
  • Will some dare devil cyclists start to feel impregnable by these changes and take unnecessary risks leaving the poor put upon motorist to exclaim “It’s not fair!” I can certainly hear this cry coming from the insurance companies – surely this change would result in them having to pay much more in compensation than under the existing system on the basis that almost inevitably in these sort of accidents it is the cyclist or the pedestrian who come off worse. Needless to say if this happens any rising costs will be quickly and conveniently passed on to their paying customers – the agrieved motorists themselves!
  • For the lawyer specialising in compensation claims then it would certainly make life easier when dealing with these sort of accidents. For serious personal injury claims involving catastrophic type injuries insurers for commercial reasons can fight and fight hard and deny liability even where a realistic assessment of the claim concludes there are not any realistic chances of success.
  • Will it mean we are all compelled to rush out and buy a Bicycle? Certainly some of us will especially if this change is accompanied by a reduction in the suburban speed limit to 20mph.

Ultimately we shall have to wait and see how this proposal is received by the public at large and undoubtedly all those powerful lobby groups will be flexing their muscles to dictate what happens. One thing is for sure, if these changes are introduced then the relationship between motorists and cyclists is not likely to be one of strawberries and cream!

Written by carterandcarter

September 20, 2009 at 10:45 pm

Finding an Accident Claims Solicitor

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How do you choose an Accident Claims Solicitor in England and Wales?

If you have been involved in an accident in England and Wales, how do you choose an Accident Claims Solicitor that will ensure that you have the best chances of pursuing a successful accident claim? I have provided this article to ensure that you can ask the right questions to see who is best placed to help you with your accident claim.

Expertise in Accident Claims

You need to be sure that the Solicitor you are contacting really does have expertise in the field of accident claims. This can be assessed initially by reviewing the Solicitor’s website before making contact. You should be looking for the following signs of expertise:-

A specialist accident claims website. If your Solicitor has incurred the expense of developing an exclusive accident claims website, and taken the time to provide the content for this website, this is a good starting point for showing that this area of law is important to their business. They would be unlikely to take such action if accident claims was only a small part of their legal practice.

Do they have a relatively large website? Many people will put up a one or two page website claiming expertise in accident claims. However, this can only really be proven by a Solicitor that has gone to the time and effort to produce a website with at least fifteen or more pages of content. This shows that they are likely to have the experience and expertise you need.

Do they have expertise in a number of areas of accident claims?

The following areas should be covered by your Solicitor to ensure they have a broad depth of understanding of accident claims:-

  • Work accident claims, road accidents, motorcycle accidents, cycling accident claims.
  • Serious injury claims (head and back injuries).
  • They offer a service covering England and Wales.

Expertise is more important than a local geography in choosing a Personal Injury Solicitor these days. If a Solicitor claims that they can help you wherever you are in England and Wales they have normally put in place systems and assistance to ensure that they can do so.
Are you dealing with a real or virtual law firm?

If you have suffered an injury as a result of an accident, you need a Claims Solicitor that is a proven professional in their field. You should be able to find out quickly who will handle your claim. Ideally this should be a qualified Personal Injury Solicitor as opposed to a junior accident claims handler.
Do they make it clear from their website who will handle your claim for you?

Ease of Contact

It should be easy for you to make contact with the Accident Claims Solicitor to make your enquiry. You should be able to make a free enquiry without any obligation to proceed. Is this clearly stated to be the case from the website? Is there an easily visible telephone number or an easy to complete claim form on the website? These points should be covered to ensure that you are dealing with the right Accident Claims Solicitor.

How Much?

The next point you must ensure is that you are dealing with an Accident Claims Solicitor that ensures that you will keep 100% of your compensation and will not charge you if your claim is not successful.

If you are dealing with a specialist, they will usually offer a completely safe and easy to understand guarantee regarding their costs on their website. If they do not, what are they hiding?

Summary

It should be easy to find an Accident Claims Solicitor on the Internet these days that has expertise and offers a no win no fee or guaranteed no cost service. Take the time to review a few websites using the questions above and you should finally find a Solicitor that will take good care of you.

You may also find the following article useful:

Six “Must Ask” Questions Before Instructing A Personal Injury Solicitor

Written by carterandcarter

August 14, 2009 at 3:25 pm

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