Archive for the 'Claims issues' Category

Below is an article which appeared recently in the Worcester Evening News but frankly it could have been in any local or national newspaper.  It is another example of an ill informed MP jumping on the anti claims bandwagon by attacking people who make personal injury compensation claims.  It must not be forgotten that they did not ask to be injured and compensation is only awarded where the other party can be shown to be at fault.  Fraud must be stamped out and only proper claims proceed but anyone who is persuaded that insurance companies will lower their premiums if claims are curtailed is extremely naive.  To be fair to the Worcester Evening News they asked for my comments and they faithfully reproduced them.  Here is the article as printed:-

BEGINS

As increased whiplash claims are blamed for spiralling costs in car insurance, Worcester’s MP is calling for a crackdown on the compensation payouts that are proving a real pain in the neck for motorists.

Although the number of casualties in road accidents has fallen by almost 25 per cent since 2005, the number of insurance injury claims has doubled, the Government’s transport committee announced this week.

Published in CV Driver November 2011.

This month we chat to CV Driver Magazine regular contributor Steven Hinchliffe of personal injury specialists Hinchliffes Solicitors.  So, over tea and toast we talk about the personal injury claims business and how important it is to seek proper and sound advice – and the process of actually making a claim.

Steven qualified as a solicitor in 1978 and formed Hinchliffes Solicitors as a specialist claimant personal injury firm in 1999 in Malvern, Worcestershire.

As Steven explains, the firm has an extremely good reputation in this specialist field, with a large proportion of the claims coming as referrals from other satisfied clients.

In relation to road transport, as a legal practice they fully understand how the industry operates and in particular how the wide variety of equipment works and how people can get injured in the work place – for example, a poorly loaded forklift truck causing injury or a depot littered with debris causing a trip when pulling a loaded pallet truck.

Published in Truckstop News November 2011.

In this issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers THE CAUSES OF ACCIDENTS INVOLVING CURTAIN SIDED TRAILERS.

In this article, Steven Hinchliffe considers the accidents suffered by drivers and others who work with curtain sided trailers, and the factors that contribute to their injuries.  This is a popular type of trailer offering transport companies great opportunities for flexibility in the carriage of goods, but there is a downside to their use as it provides a relatively flimsy structure compared to a standard, rear loading trailer constructed of hard panels.

However, if a few standard safety issues are considered by all those involved, the chances of an accident occurring could be greatly reduced.

In 2011 I wrote an article for Truckfest to go in their visitor show guides for the May and July shows.  Since it covers some practical points I thought it might be helpful to reproduce it below.  To see it in full glossy colour click the pdf link below.

Truckfest Article 2011 – pdf

I’VE BEEN INJURED IN AN ACCIDENT AND NEED SOME ADVICE

Steven Hinchliffe of HINCHLIFFES SOLICITORS answers your questions about compensation claims.  His firm has years of experience in helping injured lorry drivers, their families and members of the public get their lives back on track following accidents.

Published in CV Driver July 2011.

This is the seventh in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article outlines the main procedures that your solicitor should comply with to protect your position and achieve the right result when dealing with your accident compensation claim.

Published in CV Driver June 2011.

This is the sixth in a series of articles by the specialist Personal Injury firm HINCHLIFFES SOLICITORS.  The firm has years of experience in handling accident claims on behalf of injured victims (many of them professional drivers) – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

Unlike the previous articles (written by solicitor Steven Hinchliffe, the owner and Principal of the firm), this month’s article has been written by the firm’s Business Manager, Nicky Hodges and if you were at the Shropshire Truck Show at the Oswestry Showground on 14 & 15 May you will have seen both Steven and Nicky on the firm’s stand.

This was our first experience of exhibiting at this type of event and we were not sure what to expect.  In all honesty, we were a little nervous of the reaction we might get, bearing in mind the popular (and totally misconceived) perception of Personal Injury Solicitors as being fat cats, only interested in lining their own pockets.  Our worries were not helped by having to set up our stand in a howling gale during the late afternoon of Friday 13!

Published in Truckstop News June 2011.

In this issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors considers HOW TO AVOID TAIL LIFT ACCIDENTS AND INJURIES.

The financial consequences of reported accidents involving a fall from a vehicle (not taking into account the accidents that are not reported) show that there is an annual cost to the transport industry of over £35M, and a considerable percentage of this results from falls from truck and trailer tail lifts.  Sometimes it is only the goods that fall, perhaps onto someone below, but often it is the driver who takes a tumble.  This type of accident frequently results in some form of injury and occasionally with a catastrophic outcome.

To ease the situation, over time truck and trailer manufacturers have developed tail lift guards and also increased the slip resistance of tail lift surfaces.  However, somewhat surprisingly, it is not currently a legal requirement for all tail lifts to have guard rails.  Instead there is a legal responsibility on the user of the vehicle (normally the driver’s employer) to carry out a risk assessment and reach a decision whether guard rails should be provided.  Only where the height a tail lift is required to reach exceeds 2 metres, is there an actual obligation to provide handrails or safety guards.

Published in Truckstop News May 2011.

This month, Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors, considers another SUCCESSFUL TRUCK AND TRAILER ACCIDENT CLAIM.

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at another accident experienced by a reader of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors.  They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim.  All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

In this article I highlight just one case, but as with previous articles the common trend remains the effect on each individual’s life, and although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation.  As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

Published in CV Driver April 2011.

This is the fourth in a series of articles written by solicitor Steven Hinchliffe, who is the owner and Principal of the specialist Personal Injury firm HINCHLIFFES SOLICITORS.

In these articles he will consider various issues relating to the accidents commonly suffered by professional drivers and the sometimes devastating injuries they sustain.  The firm has many years of experience in handling accident claims on behalf of injured victims – not only recovering millions of pounds in compensation, but also securing medical and other rehabilitation treatment to aid their recovery and return to normal life. 

This article outlines how different companies view accident claims, and the tactics used by some to encourage injured victims to deal direct with them.

Published in Truckstop News April 2011.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider how “YOUR ACCESS TO JUSTICE IS IN JEOPARDY”  

I was recently involved in a financial transaction and received very poor service from a high street bank.  As a result I incurred several thousand pounds of expenditure I had not bargained for.  I made a formal complaint and claimed my losses, but the bank refused to deal with the matter.  I therefore involved the Financial Services Ombudsman and although I do not know what the outcome will be, there is now an independent party considering the merits of my complaint, and if it is upheld they will require the bank to compensate me.

How is this relevant to someone wanting to make a claim for personal injury compensation?  Let me explain.  If you are injured in an accident and the party responsible refuses to pay compensation, you can put your case before a Judge at a trial (ie an independent party).  If they find in your favour they can assess the amount you should receive for your injuries and financial losses, and require your opponent to pay this, together with your legal costs.