Tag: accident

Gowing Law Personal Injury Jargon Buster

Posted on July 8, 2019 by - Blog

Personal Injury Terminology Explained!

At Gowing Law Solicitors we aim to ensure that your claim process is quick, straight forward and hassle free. We understand that the terminology used in the claims process can be sometimes confusing and frightening to some and this can be off putting in terms of bringing a claim forward. To address these confusions, we have put together a jargon buster for you to refer to, to make things a bit clearer!

ATE Insurance

ATE insurance stands for “after the event” insurance. It is an optional insurance policy that you can take out after the accident has happened and you have decided to bring a claim for personal injury. If you lose your claim this policy will ensure that you are not left with any outstanding costs.

Limitation Period

This is the period of time within which you can bring a claim. The limitation period for a personal injury claim is three years from the date of the accident. If a minor is involved in an accident they can also claim, however if the litigation friend chooses not to bring a claim for the minor at the time of the accident the child will still have 3 years from the date of their 18th birthday to bring their own claim forward.

Success Fee

A success fee is a percentage of your compensation that is deducted by us if your case wins. Our success fee is capped at 25% of the compensation you are awarded. This is to cover legal costs accrued when running your claim. 

Litigation Friend

A litigation friend is a suitable person over the age of 18 chosen to represent a “protected party” such as a minor or a vulnerable adult.

Admission

An admission is when one party agrees that something the other party has said is true. This is often a term used when the Defendant accepts blame for the accident i.e. “admission of liability”.

Conditional Fee Agreement (CFA) – No Win No Fee

A CFA  is otherwise known as a No Win No Fee agreement, this means if your case was to lose you should not have to pay your solicitors fees. Entering into a No Win No Fee agreement will mean that there is nothing for you to pay upfront and if your claim is successful you will pay no more than 25% of the amount you are awarded as our success fee. 

Liability

Admitting liability means you are accepting being legally responsible for something.

If you have any queries about the terminology used when bringing a claim give our team a call on 0161 464 4444 and we will be happy to help!

Hair & Beauty Claims – FAQ’s

Posted on July 4, 2019 by - Blog

Hair and Beauty Claims – Your Frequently Asked Questions Answered

 

Some people may be unaware that they can bring a claim for personal injury against a salon, hairdresser or beautician if a treatment has left them with an injury or damaged hair. Head over to our previous Hair and Beauty Claims post to read the different kind of damages and injuries you can claim for! Here we answer your frequently asked questions about bringing a hair and beauty claim.

 

FAQ’s

Will it cost me anything?

No, we operate all of our claims on a No win No Fee basis. This means that if your claim is unsuccessful then you should not be charged anything. The No Win No Fee arrangement will mean that there is nothing for you to pay upfront and, if your claim is successful, you will pay no more than 25% of the amount you are awarded.

How much compensation will I get?

If you are claiming for hair damage we will arrange an appointment with a hair and scalp specialist (Trichologist) on your behalf. The specialist will evaluate the severity of the damage to your hair or scalp and then determine the period of time it will take for your hair to return to its prior length or condition. We will then use the Trichologist report to calculate the amount of compensation we believe you should receive.

If you are claiming for skin damage after a procedure, we will arrange an appointment with a skin specialist to assess the damage. The specialist will then prepare a report to evaluate the severity of the damage and in some cases may recommend further treatment if necessary. We will then use this report to calculate the amount of compensation we believe you should be awarded.

Will I have to provide photographs?

We will require you to send before and after photographs of hair damage as well as photos of any injuries or scarring. We understand that some injury photos may be intimate (such as a waxing or laser hair removal injury) we have a team of highly qualified and experienced female solicitors upon request of the client to deal with both intimate and general hair and beauty claims who will handle all cases with confidentiality and professionalism to ensure our clients feel at ease and comfortable with their claim.

Is there a time limit for bringing a claim?

You have 3 years from the date of the incident to bring a claim for injury or hair damage after a hair or beauty treatment

Can I claim against a mobile hairdresser?

When bringing a claim for hair damage or personal injury the claim is against the insurance of the salon. There is no legal requirement for mobile hairdressers to have insurance, unless they have employees working for them, then by law they must have employers liability insurance. If you were to attempt to bring a claim against a mobile hairdresser who has no insurance we would send a letter of claim to the individual, it is unlikely that the individual would be able to afford to pay the client compensation so it’s always best to check your mobile hairdresser has insurance before booking an appointment!

The Dangers of Crash for Cash Scammers

Posted on June 28, 2019 by - Blog

What to do if you have been targeted by a crash for cash fraudster

 

What is a crash for cash scam?

Crash for Cash scams are a form of premeditated fraud when an individual or group of people deliberately cause, fabricate or stage an accident with the intention of putting forward a claim for personal injury and receiving payment under the policy that they would not be otherwise entitled to.

Crash for cash scammers usually take the time out to choose their victims carefully. They look for vulnerable drivers and drivers who don’t look like they would cause too much fuss, such as young women driving alone or mothers with children in the car.

Types of Crash for Cash scams?

The three most common types of crash for cash scams are; a staged accident, an induced accident and a fabricated accident.

  • Staged Accident – Fraudsters can stage an accident by crashing their own vehicles together or use something to mimic the damage of a crash such as a sledgehammer to dent or smash parts of their car.
  • Induced Accident – The fraudster will target an innocent motorist as their victim to become the “fault driver” and deliberately cause them to crash into them such as by slamming on the breaks so the victim hits them in the rear or flashing a car to let them out of a side road and then proceeding to crash into them, making the victim to appear at fault.
  • Fabricated Accident – These are also known as “ghost accidents” where the fraudster will attempt to claim for compensation for an accident that didn’t ever occur.

Things to look out for

  • Be vigilant and look out for erratic or unpredictable drivers, does the car in front keep unnecessarily speeding up, slowing down or suddenly braking. Remember to leave plenty of room between your car and the car in front so that you have ample breaking distance as some fraudsters go as far as disabling their break lights.
  • If the driver of the car in front is paying particular attention to your car travelling behind them such as constantly checking mirrors to see if you are paying attention, they may be planning to slam on their brakes and cause an accident.
  • Remember that just because another driver flashes you to pull out, it doesn’t necessarily mean it is safe to go, be sure to use your own judgement and always proceed with caution.

What to do if you have been a victim of a crash for cash scam

  • Gather all necessary information; driver and passenger names, insurance details and registration of the vehicle. Also take photos of the accident scene if it is safe to do so.
  • Do not admit liability at the scene of the accident and suggest calling the police to the scene as this may cause the fraudster to back off.
  • When you report the accident to your insurer, be sure to report your suspicions of the legitimacy of the other driver.
  • See if there are any witnesses at the scene, however take care with this as fraudsters could be in on placing witnesses at the scene.
  • Finally, you can report the accident to the Insurance Fraud Bureau via their website or by calling on 0800 422 0421

Consequences of making a Fraudulent Claim for Personal Injury

Posted on June 27, 2019 by - Blog

What are the consequences of making a fraudulent claim for personal injury?

A fraudulent claim is recognised as when the person making a claim intentionally leaves out, mispresents, alters or hides vital information relating to the claim. This is with the intention of receiving payment under the policy that they would not be otherwise entitled to.

There are 2 types of fraudulent personal injury claims

Insurance fraud can be recognised as two different categories, Soft Fraud and Hard Fraud. Soft fraud or “opportunity fraud” is the most common type of fraud committed, an example of this is when the individual claiming “fakes” or exaggerates their injuries sustained from the accident they were involved in. Hard fraud or “premeditated fraud” is when the individual claiming has deliberately been involved in an incident, an example of this is “crash for cash” claims where the claimant has intentionally caused another party to collide with their vehicle.

Consequences of making a fraudulent claim based on the type

Soft Fraud

Soft fraud usually stems from a sincere claim, where the claimant has been involved in a genuine non-fault accident and is feeling some discomfort or minor injury, however they may exaggerate the amount of pain or discomfort they are in as a bid to be awarded a higher amount of compensation. If it is believed that the claimant is attempting to make a soft fraudulent claim the solicitors or insurance company can review the case and involve the police as well as share the claimants’ details with other insurance companies or solicitors firms to alert them that they may contact their business to commit fraud in the future. They may also pass the claimants details onto fraud prevention database, Cifas, once on this database it can be extremely difficult for the individual to get insurance or have access to other financial services.

Hard Fraud

Hard fraud is when the claimant has planned on making a claim for personal injury and therefore has prearranged an “accident” to occur. Staged accidents are a huge part of organised crime and are often referred to as “Crash for Cash” claims. There is a harsher punishment for these kind of claims as there are innocent people at risk of genuine injuries. If an individual is found to have committed hard fraud when making a personal injury claim they can be sentenced to up to 3 years in prison.

Courts have begun to take a much tougher approach on insurance fraud as an attempt to discourage the behaviour, as stated in the featured article below, “Insurance fraud is not a victimless crime, it affects all motorists through higher premiums and staged accidents can put other road users at risk of serious injury or even death.”

Read the full article in the Insurance Times here: http://ow.ly/7C3u50uNk4p

 

Look out for our next blog post to read more about Crash for Cash claims and what to do if you think you have been a victim of one of these scams!

How Social Media is used to investigate Fraudulent Claims

Posted on June 26, 2019 by - Blog

Social Media and Accident Claims

Social Media has become a central point of modern day life. There are various platforms where people can share experiences, opinions, photos and anything else they want people to see! However due to people attempting to make false claims for personal injury, defence solicitors are now often turning to social media to ensure the claiming individual is truly suffering or has suffered from an injury. A fraudulent claim is recognised as when the person making the claim intentionally leaves out, mispresents, alters or hides vital information relating to the claim. This is done with the intention of receiving payment under the policy that they would not be otherwise entitled to. 

If you are making a claim for personal injury, it is most likely because you have been injured in a non-fault accident and you would like to be compensated for the pain and suffering you have had or are still enduring. If you are a devoted social media poster it may come as second nature for you to post about your accident or injury online to let your followers and friends know how you are doing after the incident. Defence solicitors will now often check the following areas to make sure your claim for personal injury is genuine, as there are serious consequences that come with making false claims. 

Inconsistent Check-ins  

If you are claiming for a serious injury, such as a broken leg or arm, but then found to be checking in as playing football with your friends, the defence solicitors will use this post against you to invalidate the claim as it would appear you are participating in an activity that isn’t consistent with the injury you have claimed to be suffering from. This however is an extreme example. One of the more common incidents in this area is accident locations.

People when filling in claim forms or speaking to insurers will often give the location of the accident as to the best of their knowledge being true. However it has been seen that when an accident occurs people take pictures of the accident and upload to their social media platform where in the geo location tag has stated that they are somewhere else or the image shows the name of the road being different to the location stated in the claim form. If this is seen to be inconsistent with the initial claim, third party insurers or solicitors have been seen to invalidate claims on this basis. 

Comments on your posts 

Comments on your social media posts may contribute towards defence solicitors arguing your claim is fraudulent if someone comments something that contradicts your injury details, such as commenting about your quick recovery or participation in something you have claimed not to be able to do. 

Photo Uploads

Being tagged in photos uploaded to the platform by other people can paint a very different picture to the injury claim being presented. While still injured, photo evidence can in the moment display a different point of view to that which is actual reality. Photos that you post on social media are also checked to see what you are physically capable of. As an example something as simple as posting a photo of your dogs enjoying an afternoon walk in the hills, a solicitor would place you as being able to climb a hill to take the photo which can be used to invalidate any claim being made. 

The consequences for making a fraudulent claim can vary anywhere from a fine to prison time. Look out for our next blog upload to read more about the consequences of making a fraudulent claim!

Tips For Icy Conditions

Posted on January 3, 2019 by - Blog

As the winter conditions worsen we all need to be careful on the roads, especially if there is a chance you may have to drive in icy conditions.

In order to keep you safe, here are a few tips to help you prepare for driving in icy conditions.

Driving in Winter

  • Firstly, think about whether your journey is really necessary.
  • Tyre grip is hugely reduced on icy roads, and braking distances are much longer.
  • Even if you avoid an accident, your car may get stuck – potentially leading to a long walk home.
  • Traffic congestion is likely to be worse too, if you don’t get stuck, the driver in front of you probably will…
  • Before you leave home, make sure you pack a charged mobile phone (and a charger cable), a bottle of water, a few snacks and a warm blanket. If snowfall looks likely, a set of snow socks – high-grip fabric covers fitted over the car’s driven wheels – is worth having, too.
  • If you’re driving to meet someone, let them know your route and when you expect to arrive. Make sure the car’s windows and mirrors are completely clear. Before you set off and in cars with various drive modes, select the best option for cold conditions.
  • Don’t forget to check available weather reports for you journey.

Have you had an accident due to icy conditions? Has this affected you ability to drive? You may be able to claim for the physical strain this has caused you.

At Gowing Law Solicitors our goal is to handle your case quickly and efficiently. That way you can get the funds you need to rebuild your life. Fill out the contact form and we’ll contact you shortly to set up a consultation. You can also call us at 0161 808 8888 to talk to one of the Team today.

Cyclist Accident: A case study about traffic accidents

Posted on October 26, 2018 by - Blog

A cyclist was seriously hurt when struck by a car in central Manchester. This is known as a Cyclist Accident.  The man suffered a head injury when he was involved in a collision with a car on a main road in the city centre.

The cyclist was treated at the scene but needed further hospital treatment due to the nature and severity of his injuries.

This Cyclist Accident was so severe that both carriageways were closed.

A passer-by stated ‘the man is lucky to be alive after being knocked from his bicycle’.

Have you been the victim of similar incident?

Has this cyclist accident affected you physically or mentally? If so, At Gowing Law Solicitors our goal is to handle your case quickly and efficiently, so you can get the funds you need to rebuild your life. Fill out the contact form and we’ll contact you shortly to set up a consultation. You can also call us at 0161 808 8888 to talk to one of the Team today. We can offer you our services through free consultations and advice sessions. If you are happy to work with us, we can provide you our services on a “no win-no fee” basis. That means you will never need to pay any hidden fees.

We look forward to helping you soon!