Month: October 2009

APIL rejoins talks on extending fixed fees regime

The Association of Personal Injury lawyers has rejoined talks on extending the fixed fees regime in personal injury cases.
APIL had walked out of the talks last month in an unprecedented move for the organisation.

The Civil Justice Council is conducting a mediation process to produce industry-agreed fixed costs for all ‘fast track’ road traffic accident, industrial disease, employer’s liability and public liability cases worth up to £25,000.

The mediation was set up at the request of Lord Justice Jackson as part of his review into the cost of civil litigation. Earlier this month, Jackson hinted that he may recommend increasing the small claims limit for personal injury cases if no deal can be reached on fixed costs. APIL opposes both the extension of fixed fees to fast track cases and any rise in the small claims limit.

APIL president John McQuater said the decision to rejoin the talks followed ’concessions’ by the CJC. He said: ‘We originally withdrew from the talks because the CJC, acting on instructions from Lord Justice Jackson, insisted that figures only would be discussed. But the CJC has now agreed to discuss matters of process.’

APIL will now also file a final written submission to Jackson. McQuater added that his ‘profound scepticism’ about extending fixed costs remains.

Jackson’s report is expected at the end of the year.

+Richard Meggitt

October 29, 2009
Man jailed in Crash for Cash scam

Crash for cash man jailed

A 24-year-old man has been jailed for four-and-a-half years after admitting his part in a £1.6 million Crash for Cash scam in Greater Manchester.

Mohammed Patel pleaded guilty to 17 charges, including conspiracy to defraud, dangerous driving and disqualified driving.

Manchester Crown Court was told that Patel deliberately caused at least 92 car crashes, a number of which involved commercial vehicles, between 2005 and 2008.

On each occasion he would lead the other driver to believe they were at fault.

Twenty-four other people are also due to be sentenced for their role in the scam.

Office workers overlooking the Eden Point roundabout on the A34 in Cheadle raised the alarm when they became suspicious at the regularity with which collisions were taking place at the same spot on the roundabout.

AXA insurance, one of the companies affected by the scam, investigated a number of the claims and in January 2008 the findings were presented to Greater Manchester Police.

The resulting police investigation revealed Patel deliberately caused collisions for whichever client was willing to give up his car keys and insurance details.

He would be paid a fee while the claimants demanded compensation for personal injury, courtesy cars and legal fees at the expense of the other party’s insurers.

In some instances, the damage to the cars being used was fabricated, and on occasions exaggerated.

Article from Fleet News Legal – Wednesday 21st October 2009

+Richard Meggitt

October 23, 2009
Insurers plan advertisng campaign for 3rd par

Insurers plan advertising campaign for personal injury claims

Thursday 22 October 2009 by Jonathan Rayner

A number of insurers are gearing up to launch advertising campaigns to persuade personal injury claimants in motor accidents to bypass solicitors and deal directly with the responsible party’s insurer, it is believed.

The news comes as the Financial Services Authority confirmed that it does not intend to regulate insurers when they gather claims through ‘third-party capture’, but is instead seeking an ‘industry-led solution’.

Solicitor Robert Webb, a founding member of the Accident Compensation Solicitors Group (ACSG) which campaigns against third-party capture, said he had been told that a number of insurers were planning to target the public in advertising campaigns.

He said the regional claims manager of one major insurer had ‘loosley confirmed’ that an advertising campaign was scheduled for just after Christmas. ‘The result will be more under-settled claims as insurance companies pressure injured people to accept compensation without the advice of a solicitor, ‘ he said.

Meanwhile, the FSA has said that it is ‘exploring with trade bodies’ whether there could be an ‘industry-led solution’ to the regulation of insurers when they act for non-policyholders. However, it does not intend to take on this regulation itself. FSA insurance sector director Ken Hogg had previously said he would decide by the end of September whether it would take any action on third-party capture.

ACSG member Saffora Choudri, partner at SC Law, said she was not surprised the FSA was ‘washing its hands’ of third-party capture. ‘We have been trying for 18 months to set up a meeting with the FSA, but without success. The Ministry of Justice and Association of British Insurers also seem unwilling to tackle this growing menace.

‘The prospect for claimants is bleak and the insurance industry will be the only winner.’

Comments

3rd Party capture

Submitted by Anonymous on Thu, 22/10/2009 – 14:39.

What can one say other than for all the obvious reasons it\’s an appalling idea I ask you do turkeys vote for Christmas are insurers going to be fair and generous I think not. Also what happens when a claimant finds they have been short changed who funds that litigation. Unless claimants receive totally ‘independent’ legal advice then it’s inevitable that they will suffer. If it’s the insurance companies aim to reduce costs then may I suggest they stop defending so many case that are often indefensible. If it’s not liability they argue causation

+Richard Meggitt

October 22, 2009
Taking the lead in Personal Injury claims
Accidents are inevitable. Everyone is at risk for incurring personal injury one way or the other, for it encompasses issues such as vehicular accidents, product malfunction, medical malpractice, occupational hazards and injuries, slip and fall or fire, animal attack and the like. However, despite the variety of personal injury cases, there is one thing they hold in common and that is negligence.

Often, the basis of a personal injury claim is the presence of negligence or fault which is the proximate cause, or which contributed to the occurrence of the accident or injury. Acts or omissions that result in harm or injury to another person whether unintentional or deliberate bear civil liability. It means, a person or corporation is responsible for any damage done and obligated to compensate the victims.

However, the negligence or fault of the offending party must first be proven for a damages and compensation claim to become valid.

There is negligence in the following instances if:
- The other driver failed to exercise the necessary caution in driving such as beating the red light thus causing a car crash
- When a health care provider fails to provide adequate medical attention and as a result of which, the patient dies
- Likewise, manufacturers, distributors, suppliers who make products available to the public are held responsible for any injuries those products may cause to consumers (e.g. poisoning).
Even if you call the incidents enumerated above as accidents, someone should still be held liable for any injury caused. Everyone has a right to get a monetary payment to make up for their losses, whether it is loss of income (while the person recovers from the injury), medical expenses and a payment for pain, suffering, loss of a body part and even loss of future income.

Personal injury law firms specialize in representing accident victims so that they may recover full compensation for proven harm suffered at the fault of another. As Lord Blackburn, a forefather of common law once said, \”Those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision.\” These law firms ensure that those responsible for the personal injury of another shall be held accountable for damages.

Selecting and hiring a personal injury firm must be done carefully-their legal services can make or break your case. Having a solicitor represent you from a reputable firm is the first step to the solution of your personal injury. They would know how to legally prove who is at fault for the accident and injury, thus expediting the monetary compensation one would need for his or her recovery. They would know the ins and outs of the trade-from citing jurisprudence that would further strengthen your claim to negotiating settlements.

Personal injury law firms could take the lead in your case and give you the legal assistance you need and deserve as a victim of personal injury. Even if you are a victim of personal injury, you still have the power to choose a reputable law firm that would dedicate itself to your case.

+Richard Meggitt
October 20, 2009