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 .
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 don’t 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 company’s 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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