Responsibilities of People for Injury Caused by Accidents on Private and Public Property - Essay Example

? [Advises for Sarah and Jemima] By Insert Presented to Location Due Accident refers to a precipitous, external and identifiable occurrence that happens by chance and could not have been premeditated from the view of the Covered Person. The covered person refers to an individual who is entitled to an insurance policy in the event of an accident. Whenever there is an accident, the affected parties (car owner and passengers) have the right to seek for compensation from their insurance companies. This chapter looks at the legal responsibilities of certain people for injury or damage caused by accidents on private and public property. These include owners, occupiers, other people who control buildings and land. The Civil Liability Act 2002has modified the way in which liability for negligence is determined. Under the Act, even if you are injured, you may not have a claim if that injury was caused by something which could have been avoided (KRITZER, 1997, p261). The accident that involved Peter, a driver with Collins Coaches Ltd should first be reported to the relevant authorities so that the right course of action is taken. This will be procedural in establishing whether there are any fatalities, damage of property or animals and to what extent the damage has been done. The police should also be helpful in towing the vehicle away. Afterwards, there are legal obligations that will follow in case the vehicle has been damaged and someone has been injured. Other passengers are also obliged to provide useful information to the police concerning the accident as this would be beneficial to the authorities. Relevant information entails what other drivers might have been involved in the crash, whether there are any missing persons and maybe how many people were involved in the accident. In this case, Peter should provide his full identify; name and address, the vehicle’s owner (Collins Coaches Ltd), a valid vehicle registration license plate and any other details required in identifying the vehicle. After the accident, there is a legal process that should be adhered to in the event of significant personal injury or damage of property. Within 24 hours of the accident, Peter is expected to report the crash to the police station nearest to where the accident occurred. One may not be required to report the crash if injuries from the accident prevent you from doing so. If you wish to make a personal injury claim you must report the accident to police within 28 days of the accident. Peter should provide useful information concerning: The place and nature of the accident Registration numbers of his vehicle Extent of any injury or damage caused Names and addresses of all witnesses Peter is required to give all possible assistance to any injured person, including phoning 000 for an ambulance. If injured like Jemima and Sarah in this case, you may have a claim against the driver of the vehicle which caused you injury. Seeking medical help from a doctor after the accident is important as well as consulting a solicitor who practices in personal injury law and in particular, in motor vehicle accidents, as soon as possible. At the solicitor, one is required to fill in a personal injury claim form while the doctor fills in the medical certificate that accompanies the personal injury claim form. Your solicitor will then send your claim form and medical certificate to both the owner of the vehicle and the insurer of the vehicle. The solicitor is supposed to do this within 6 months from the material day of the accident in order to avoid giving a full and satisfactory reason as to why it was not sent in this time. Your solicitor will then proceed to pursue your interests according to the Motor Accidents Compensation Act 1999. At the scene of the accident, Peter is also expected to; Take necessary measures to avert further collisions Not confess fault as this may abrogate insurance claims Make notes of any talk with the other person that may have been involved in the event Make a sketch plan of the scene including street width, distances, land marks, and any other germane details Possibly take photographs of the scene The Motor Accidents Authority provides relevant details of the insurer of the car if the license plate number and the accident date exist. In the event that a driver is doubtful whether or not to claim on his insurance policy, it is advisable that he reports the accident to the insurer as soon as possible. This is so as to avoid any denial claims for compensation from the insurer if the accident is not reported to the insurance company immediately Cleaning up the scene before leaving is highly recommended. This task is supposed to be handle by Peter but if he is able to due to injury, the person removing the vehicle can step in. When it comes to compensation, two types of damage including personal injury or damage of property may be experienced. The injured (Jemima) should make a claim on her insurance policy as long as she was on the right side of the law. It might be a little difficulty for her to get her compensation back because apparently at the time of the accident she did not have her safety belt on. However I would advise her to seek the indulgence of a competent lawyer. The lawyer will be able to put into perspective her full claims, let the law take its due course and allow justice to prevail. Making two claims is not a simple feat as it requires proof that the other person was negligent. For instance, in Peter’s case, Jemima could argue that the vehicle was not roadworthy since it had not been serviced for two years. She should be cautious though when making the claim as not having her safety belt on could work against her. It is possible to sue first for any property damage suffered then later; she could sue for personal injury. However in this scenario, Jemima only suffered personal injury and this is where she should remain focused on. However, criminal cases have a higher level of proof than civil cases that rely on the balance of probabilities (SCHNEYER, 1997, p371). If Jemima and Sarah are going to make claims, they should do so within the stipulated time limit that applies to making court claims. For personal injury for instance, a 3 year time limit is given from the motor vehicle accident though one may still have their personal injury claim form sent within 6 months of the accident. In the event of damage of property, the time limit is 6 years from the accident date though it is judicious to claim as soon as possible. Consulting the help of a solicitor is highly recommended and if not easily accessible, the Law Society could provide significant help in terms of; contact details of solicitors in her area, or information on making a complaint. The matter could be difficult though if the vehicle is uninsured. One will be fully accountable for own repairs or make a claim on their own insurance policy. Before making a claim however, it is important that Sarah and Jemima take a few considerations. Factors such as her insurance type, how much "excess" she would have to pay, the effect on her no-claim bonus/premium whether the other person is insured, and the amount of damages enmeshed compared to the legal costs of pursuing the matter (ZAMIR, 2010, p250). Consequentially, most insurance companies reward owners who have not made any claims, by offering them a lower premium the next year. The premium may however be lost if a claim is made later. Alternatively, there are insurance companies that allow one to keep their lower premium even if any claims have been made. This is in the event that the accident was not your fault or maybe if the insurance company is able to identify and recover damages from the driver and his employer. Excess, normally stated in the insurance policy, refers to the amount paid by the insured person when a claim is made. The amount could vary depending on the insurance company, driving history of the driver and his age. It is therefore important to establish one’s excess before making a claim (ROSS, 2010, p34). Court cases may be expensive. This is why before suing someone, it is recommended that you check that they are insured and whether they can pay for the damages. If the other party is not insured and cannot pay for the repairs, one should consider making a claim on their own insurance policy. To minimize costs, Jemima should consider the legal cost she would have to pay to go to pay. In her case, if the injury is not proclaimed, going to court to have the matter solved might even cost her more. However, in many cases this is not advisable especially where the claim is defended. It would be at least worthwhile discussing the matter with a solicitor before going to court. The decision to not take the case to court is supported by the evidence of the court ruling had on such a case where the plaintiff lost. Tom Fay from Shaughnessy & Campo lost a case where he was defending a pedestrian plaintiff who was hit by a bus after supposedly being waved at by the bus driver. The case was as a result of an accident occurring at the intersection of Coggeshall Boulevard and Ashley Boulevard in Massachusetts. The plaintiff said that the driver of the bus had waved to her and her friends to pass when she was hit and sustained a head injury. She also asserted that because of the head injury, she could not tell whether her decision to cross the road was purely as a result of the being waved on (SHAUGHNESSY & CAMPO, 2000: 1). The plaintiff presented evidence of $ 27000 medical bill paid after the accident. The judge concluded that the plaintiff was negligent by proceeding to the third lane without taking the necessary precautions as required by law and thus did not receive any settlement. This would be the same case for Sarah and Jemima who had ignored the basic rules of ensuring safety on public transport. This is why contacting a solicitor could be much easier. If a solicitor handles a claim, a percentage of the legal costs may be recovered from the respondent if the claim is a success depending on weight of the claim. There could be a possibility that the solicitor's charges may be more than the costs the losing party is ordered to pay. The other party may not be able to pay your legal costs. References list KRITZER, H.(1997). Wages of Risk: The Returns of Contingency Fee Legal Practice, The. DePaul L. Rev., 47, 267. ROSS, (2010). Settled out of court: The social process of insurance claims adjustment. Transaction Books, London. SCHNEYER, T. (1997) Legal-Process Constraints on the Regulation of Lawyers' Contingent Fee Contracts. DePaul L. Rev., 47, 371. Swindon SHAUGHNESSY & CAMPO. (2000). Sample verdicts and arbitration decisions. http://www.bsctrialattorneys.com/6411bb61-852f-49ab-9d99-91745da4d153/resources-jury-verdicts-details.htm ZAMIR, E. (2010)"Revisiting the debate over attorneys’ contingent fees: A behavioral analysis." The Journal of Legal Studies 39.1 245-288. Read More