WHEN AN ACCIDENT INCREASES THE PAIN OF THE CREDIT CRUNCH

February 11th, 2009 Hinchliffes

Published in Truckstop News – February 2009.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury firm Hinchliffes Solicitors will consider “WHEN AN ACCIDENT INCREASES THE PAIN OF THE CREDIT CRUNCH”.

People tell me they expect an increase in claims for personal injury compensation, as accident victims seek money to help with their financial difficulties, especially if their ability to earn is affected. However, in my experience this is unlikely to be the case. Most people are reluctant to make a claim and feel awkward about asserting their legal right to obtain compensation, even when their injuries are significant.

This is particularly so following an accident at work, where understandably concerns arise about job security and the future. It is true that occasionally an employer may see a claim as a personal attack and react badly, however employment law protects workers from victimisation and provides remedies if relations turn sour.

If a claim is made, in some situations various tactics are used to try and buy the claimant off as cheaply as possible before solicitors become involved. For example, some employers try to pressure the injured employee into settling direct with them, rather than putting the matter into the hands of their insurers, perhaps with the promise of sick pay while off work. Some insurers contact the claimant direct with an offer, or even turn up at their home with a settlement cheque. It may be very tempting to accept an early offer to bring matters to a finish, however almost always the amount suggested significantly undervalues the claim, particularly if no medical evidence has been obtained by that stage.

By law, employers must have insurance to cover situations where an employee has an accident at work and successfully claims compensation for their injuries and resultant financial losses (eg lost wages or overtime payments). The insurers handle the claim and (subject to the employer’s policy excess) pay the compensation. In this way the business is not usually affected. The majority of these claims are dealt with on a Conditional Fee basis (“no win no fee”), and if successful the insurers also pay the legal costs involved and the injured person keeps all of their compensation.

Another point to be aware of is that many people have legal expenses cover included within their existing insurance policies. The insurers providing that cover may suggest the claimant can only pursue a claim by using one of their panel solicitors. They may also try to allege that other solicitors will not provide as good a service or will make a charge for the work done and deduct this from the compensation. The insurers make these assertions for financial reasons, as they can sell the claim to their panel solicitors for hundreds of pounds. However, the injured person is entirely free to choose which solicitor handles the claim on their behalf.

Following most accidents there is a period of 3 years in which a claim can be made. Reluctance to take steps immediately does not mean that all is lost, and neither is it a problem if the injured person subsequently changes their job or moves away. So long as sufficient information about the accident and the parties involved is available, it should be possible for a solicitor to investigate and establish whether a claim can be pursued.

Many people are suffering because of the recession, but bills still need to be paid even when money is tight. If you think you may have a claim for personal injury compensation, do not feel reluctant or embarrassed to make enquiries. Insurers would have us believe that accident victims are simply money grabbers, out for all they can get. However, this is yet another tactic to deter legitimate claimants, and which simply enhances the insurers’ profits. Insurance is there for a reason and should be used when the need arises.

Consider contacting a personal injury solicitor or your local Citizens Advice Bureau for advice. Claims management companies’ adverts may be attractive, but they are simply marketing for cases to sell on to solicitors and they rarely provide the claimant with any additional benefits.

A specialist personal injury solicitor will ensure that someone injured in an accident receives the compensation they are entitled to, both for the injuries suffered and any financial consequences. They may also be able to organise rehabilitation treatment to speed up the recovery process, or obtain an interim payment of compensation if the claim is likely to take some time to settle.

QUESTIONS AND ANSWERS

18 months ago I was a passenger in a friend’s car that was hit by a Royal Mail van. I went to hospital with neck and shoulder pains, and still occasionally suffer with this. I have lost touch with my friend, but is there anything I can do now?

A claim should still be possible as supporting information can be obtained from the hospital and Royal Mail’s vehicle repair records. I suggest you contact a specialist solicitor, experienced in road accidents.

I worked at Woolworths until the shop closed last month. A few months ago a shelf in the shop collapsed and a heavy radio struck my head, which has left a scar. I did nothing about it at the time, because I was afraid I might lose my job. Is it now too late to make a claim?

The company would have been insured for this type of incident and a claim can still be sent to the liquidators, who will pass it onto the insurers to handle. You still have plenty of time and might like to make an appointment with a solicitor.

ENDS

(Other Personal Injury FAQs)

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make claims for injury compensation. All cases are conducted on a No Win – No Fee basis, where the Client keeps 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to a personal injury lawyer or go to our Start Your Claim Now page to submit details of your personal injury claim online.