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Accidents – who pays the cost?

Looking out of the window right now I see rain.  LOTS of it! The roads are wet, the ground is wet and floors in shops are wet and even the pavements are wet!

We also know that with the rain comes the increased risk of accidents…  Whether you are a car driver, a motor cyclist, a cyclist or a pedestrian.  If you are driving you find that it takes you longer to  to stop if you need to brake; if you are a motorcyclist car drivers  may not see you because they are concentrating on their own journey and not as much on other road users; if you are a cyclist then you are even less visible; and if you are a pedestrian then just about everywhere you go is a potential hazard.

You will know from reading our previous blogs that to be able to pursue a claim if you are injured as a result of an accident you must be able to show that the accident was due to someone else’s fault.  Then in law you have a legal right to pursue that person for compensation for your injuries and the consequential losses.  In the case of accidents on the road that is relatively straight forward because the law requires that all motor vehicles have insurance in place before using the public roads.  So if you bring a claim against a car driver or motor cyclist you can be sure that there are funds available to pay your compensation.  Even if the motorist or motorcyclist is NOT insured there is a public body called the Motor Insurers Bureau (MIB) who will deal with your case.

It can be different if you are pursuing a claim against someone who is NOT compelled to have insurance in place because then the question is “who is going to pay your compensation?” .  Many big stores and companies have in place an insurance known as “Public Liability”.  They are not legally obliged to have this but they decide to arrange it because it provides them with cover in case an accident happens.  If they didn’t have insurance in place then your right to claim would be against them DIRECTLY.  And that is fine so long as they have the finances available to meet the cost of your case.  But if they do not have the finances that leaves you with the question of who will pay.  You will almost certainly need legal advice and that’s where we can help.

At Ibbotson Brady we have over 50 years of combined experience of dealing with all types of claims both against wrongdoers who ARE  insured and those who are NOT.  We have extensive experience on the best ways to pursue your claim and the chances are that whatever the circumstances of your accident then we will have seen it all before.

In a perfect world we would rather you didn’t have an accident and that as motorists you take just that little bit of extra care; that as motorcyclists you are just a little more vigilant; that as cyclist you make sure you are visible; and that as pedestrians you proceed with just a little more caution.  But we also recognise that despite all of that accidents DO happen.  And if they do, then call us.  John and I are here and waiting to help you if you need to pursue a claim following an accident.

Still looking out of the window… and it’s still raining. At least we havn’t had the snow this year…

Go carefully

Until next time

Lorraine

Ibbotson Brady Solicitors Limited
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