Tag: Personal Injury

Cyclist Safety Tips

Posted on July 8, 2019 by - Accidents in Public, Blog, Traffic Accidents, Uncategorised

Cyclist Safety Tips

Protective clothing

Cyclists should wear a correctly fitting helmet. This should be to minimise the risk of a serious head injury if they come off their bike. Wearing light coloured or fluorescent clothing can make it easier to be seen by other road users in both the dark and daylight. That way cyclist safety can be prioritized

Lights and Reflective Gear

At night cyclists MUST have red rear lights. They must also have white front lights lit as well as a red rear reflector and amber pedal reflectors. As well as using reflectors to be seen cyclists can use lights on their bikes. Although if cycling in an area with no street lights it is recommended that a steady front lamp is used rather than a flashing light, as not to dazzle other road users.

Cyclists on Pavements

There is often a lot of confusion around the subject of whether cyclists are permitted to cycle on pavements or not. According to section 64 of The Highway Code “According to Laws HA 1835 section 72 & RSA 1984, section 129, cyclists must not cycle on the pavement“.

Alcohol and Drugs

If a cyclist is deemed to be under the influence of drugs or alcohol to the extent where they are incapable of having proper control of their bike they can be given a fine. This can be up to £1000 if they are cycling on a road or other public place.

Additional Tips

  • Make sure you signal clearly so motorists know where you are going
  • Use a bell to make pedestrians aware of your presence
  • Reduce speed and take into account stopping distance when roads are wet
  • Try to make eye contact with drivers at junctions and roundabouts so you know you’ve been seen
  • Be sure to give plenty of room when riding past parked cars in case someone opens the door without looking

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!