The Injury Central

Driving without an MOT

admin — Mon, 04 Jul 2011 16:25:52 +0000

With half of motorists putting car buying plans on hold during the current recession and keeping their existing vehicles for longer, responsible car maintenance should be high up on a motorist’s minds. Around 4.7 million people in the UK miss their renewal date and worryingly, many of these motorists aren’t quick to rectify their error, with only half booking their car in for an MOT within a week of the expiry date, while over a third take up to a month, and one in ten taking anything up to 12 months.

Furthermore, two-thirds admitted to continuing to drive their car illegally past the expiry date. Not only are these motorists putting their own safety by driving a potentially un-roadworthy vehicle, they are also risking a prosecution for driving without a valid MOT .

The consequences of driving without an MOT can be very harsh. Driving without a MOT certificate is an offence under Section 47 of the Road Traffic Act 1988, and, although conviction for this offence will not result in penalty points being placed on a driving licence, it carries a maximum fine of £1000. What’s more, driving without a valid MOT certificate automatically invalidates the insurance policy and should a driver be involved in an accident, they themselves would have to foot the bill for the damages, amounting to an average of £2,450.

This may seem extreme but in reality it is a life saver because if the law wasn’t as harsh people would rather take the fine and dangerous vehicles would be a lot more common. Deaths on the road would dramatically increase.

Accidents on Holiday and Compensation

admin — Mon, 27 Jul 2009 20:44:00 +0000

Personal injury compensation claims for accidents that happened when holidaying abroad were often very difficult to pursuit. Nowadays because of the 1992 Package Travel, Package Holiday and Package Tour Regulations and the 4^th European Motor Directive 2003 is has now become a lot easier to carry out a personal injury claims for incidence that have taken place abroad.

Providing you can prove that there was some form of negligence on the part of the tour organisation you have legal grounds for a compensation claim. In addition you can also claim compensation for accidents that occur outside of the European Union including road accidents and crime.

There are more and more claims being submitted each year due to the facilitation of the process that reaches out to a wider spectrum of accidents both by definition and party. The most frequent types of claims for accident causing personal injury when travelling abroad include road traffic accidents such as coach, taxi, pedestrian and cycling incidences, water sports, skiing, horse riding and other sporting related accidents, slips, trips and falls whilst onboard cruise, aircraft, in a hotel or at a resort. Other claims may result from illnesses such as food poisoning as a result of poor hygiene and failure to comply with the basic rules and regulations of health and safety standards which are of paramount importance within the hotelier and travel industry.

If you have been a victim to any of these accidents outlined then you are in your perfect legal right to go forth and submit a personal injury claim. You must submit a claim as soon as possible and give as much information and evidence as possible in order to increase the chances of a successful outcome.

Personal Injury from a Faulty Product

admin — Fri, 10 Jul 2009 18:43:00 +0000

There are strict regulations and safety guidelines set out for any manufactures product be it a consumable, a medicine or an object. These regulations must be adhered too at all times and all products must be clearly labelled and come with instructions by law.

In some instances such manufactured products can be flawed and cause a personal injury to the consumer. Although there may be complications along the way, you are perfectly entitled to make a claim for compensation for any injury caused against either the manufacturer or the seller themselves.

Personal injury by a faulty product can fall into several types of accidents. With so many products available on the current market there are also many potential dangers. Food related illnesses are serious causes for compensation claims. Manufacturers of consumable such as food and medicines must by law adhere to the strict Health and safety regulations and guidelines. Any form of contamination in their factories can lead to serious illnesses and food poisonings such as E Coli and Salmonella. Although leading food manufacturers are such giants when it comes to lawsuits they can be beaten and compensation will be paid out in order to safeguard their reputation.

Faulty products or product failures are other grounds for compensation. Many faulty goods have either slipped through quality control checks and tests or have not had the default problem identified during the manufacturing process.

Failure of medical devices is another type of faulty goods accident. Such cases arise from products that have not been through a long enough trial period before release into the common market. Cosmetic products fall into the same category where insufficient time has been allowed in the experimentation process. Hair dyes, make up and even creams have been known to burn, chaff or scar the skin. In some cases consumers have been subject to a severe allergic reactions which have been known to be life threatening.

Public Liability Compensation Claim

admin — Mon, 15 Jun 2009 16:10:00 +0000

All public places such as roads, pavements, shops, restaurants and other public buildings have by law a basic duty of care to the public. In addition all public premises and business must by law carry Public Liability Insurance which guarantees the general public a basic conduct of care and safety when on the premises.

Whenever there may be a potential hazard on the road or on a public pathway, interior as well as exterior, it must be clearly sign posted and sectioned off from public access in order to prevent accidents. One of the most common instances for a public liability accident is a wet floor that has not been marked with a sign and blocked off from public passage. Another common public accident is an uneven or broken paving stone that gives way for a nasty trip or serious fall. Poor maintenance of a public footpath is common grounds for a personal injury compensation claim. Local authorities are responsible for the maintenance of public footpaths and if they fail to do so or fail to warn the public by means of a clear warning sign they are liable for damages caused to the person or persons involved in an otherwise preventable accident.

Other public liability claims may even arise from friends and family visiting another family member or friend’s private property. Although it may not seem like the right thing to do due to the personal relationship aspect of the claim, it can help you if the nature of the accident sees you out of pocket as a result of having to give up your job due to ill health or a physical disability.

Accidents in the Work Place

admin — Sat, 06 Jun 2009 09:42:00 +0000

By law all employers should have an Employer’s Liability Insurance so that in the case of an accident taking place a compensation claim can be made against that policy. Should you be involved in an accident at you place of work you are in your perfect right to fill out a compensation claims form for personal injury stating the negligence of the part of your employer.

In order to carry out a compensation claim you must be able to prove that the accident took place as a result of negligence on the part of someone else or at the very least that someone else is partially to blame for the mishap. Many claims go by without procedure as the victim is either too scared to follow through for fear of being sacked or feels that the pursuit of a claim could put them in a discriminatory position in the future should they continue to work for the same employer.

All employers have a basic duty to provide a safe working environment and that all equipment and machinery is in top working order and condition. Failure to do so provides the foundations for a strong legal compensation claim and the right for the victim to sue.

The most common accidents that take place in the work place are generally as a result of heavy lifting and injury, lack of protective equipment and from a slip, trip or fall. If you have any of these happen to you then you are in a legally correct position to make a claim for compensation to claim for the damages and personal injuries caused to your person.

Clinical Negligence

admin — Sun, 31 May 2009 08:41:00 +0000

Medical accidents do happen and when they do they generally happen for a reason. Although when undergoing surgery and a stay in hospital we never imagine something will go horribly wrong, such things do occur and it is important to know that you can fight your corner despite being up against the medical field.

All doctors, nurses and health professionals have by law a duty to care for all patients in their care. This care begins from the moment you are diagnosed with a medical condition, during and after surgery and the aftercare whilst staying in hospital on a ward.

There are several types of medical accidents or clinical negligence that may result in personal injury or loss. The first instance is a misdiagnosis of a condition. In some cases doctors fail to diagnose the medical condition either as a result of improper examination or failure to proceed in any further investigations. Therefore many patients are left misdiagnosed and go on to develop a serious life threatening condition which could have either been prevented or treatment efficiently and effectively. The most common diseases misdiagnosed are cancer and meningitis.

Surgical mistakes or mishaps are another reason for a medical accident to occur. It could be as a result of medical equipment failing, anaesthetic errors or surgery gone horribly wrong i.e. cosmetic surgeries. Also there is a risk of an acquired infection such as MRSA due to the lack of care regarding the level of cleanliness. Patients, particularly the elders with low immune systems are most vulnerable to this type of negligence.

Another reason behind a medical accident is the incorrect medication or dosage being prescribed. Further complications have been known to arise from allergies and drastic side effects that could have been avoided if basic and adequate care had been taken in the first place.

If you have been affected by any of these reasons it is your right to proceed with a claim for compensations.

Road Traffic Accidents and Claiming Compensation

admin — Thu, 14 May 2009 00:39:00 +0000

A road traffic accident is defined by an accident in which one or more vehicles on a public road were involved. As many as 250,000 road traffic accidents were reported in the UK in 2005 according to figures provided by the Department of Transport.

Unlike other types of accidents, a road traffic accident permits you to claim compensation even if you do not have all the details of the other party involved. The same applies if you are injured in a hit and run or are unsure of who is to blame for the cause of the accident. If your case can be proved that another party was at least partially to blame for the accident itself or any injuries received by you, you are within your right to make a claim for compensation. Whether you were the driver of a vehicle, such as a car, motorcycle or bicycle, or even a passenger or pedestrian caught in the middle of a collision, you can still go ahead and put in a claim for compensation.

Driving any kind of vehicle on a public road is a privilege and there is a basic law all motorists must abide by known as the duty of care to other road users. Rules and regulations make it the driver’s responsibility to drive carefully and show due respect, regard and safety to all other vehicles and road users. If you have been involved in a road traffic accident it is therefore your right as well as your duty to out in a claim for compensation which will then be submitted to the Motor Insurers Bureau.