News

Claimssolicitors disappointed when the "quicker" route to road traffic accident injury compensation made a shaky start

A scheme inspired by the last government to make the legal process for making claims for RTA injury compensation for personal injury solicitors and their clients quicker and more efficient got off to a bad start. Originally expected to come into effect last October, the new date of 6th April was not met and it finally went live on 30th April.

The delays were caused by the failure of the Ministry of Justice website that logs all of the claims being unable to cope with the volume. It crashed during testing and the new date had to be hastily sent out to all injury solicitors in England and Wales.

The new procedure applies to all road injury claims of a value between £1,000 and £10,000. Claims are posted online and insurers now have a time limit of only 15 days to make a decision on liability. Where liability remains in dispute the courts will be able to make a judgment without the need for a formal court hearing.

Philip Davies of Claimssolicitors commented: “Hopeless---of the contacts at the Ministry of Justice IT contractors one has gone off sick, two are on holiday and nobody answers the phone!”

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ClaimsSolicitors advise on the dangers of DIY personal injury claims

Claimssolicitors.co.uk have released a case study warning against direct negotiation between claimants and insurance companies in personal injury claims, because of the dangers of claimants being left out of pocket.

The case study describes the events following a road traffic accident involving a Mrs Lampard. Mrs Lampard was involved in a collision when her car was struck by a vehicle that overshot a junction. As well as vehicle damage Mrs Lampard suffered multiple bruising, deep cuts, and anxiety.

The responsible driver’s insurance company SAGA dealt with repairs and conceded liability for the accident. SAGA approached Mrs Lampard and it was agreed that they would deal with her personal injury claim direct, without the involvement of solicitors. SAGA arranged a medical examination, a report was prepared and they offered £1500 compensation. Mrs Lampard felt the offer was too low and advised the insurance company that she would seek legal advice. Without any further evidence SAGA increased their offer from £1500 to £2500.

Mrs Lampard then consulted Nigel Barrowcliff of Davies & Company, whose online presence is www.claimssolicitors.co.uk, and instructed him to negotiate on her behalf. Professional photographs were prepared of scar tissue and a new medical report was commissioned. A rehabilitation programme was set up and funded by SAGA to aid Mrs Lampard’s recovery. A settlement figure was agreed at £7000 – over 4 times higher than the original offer and due to the Davies & Company no win no fee scheme, secured at no cost to Mrs Lampard.

ClaimsSolicitors believe that the process of direct negotiation with insurers is a perilous one for claimants, and even in cases where the insurance company recommends a solicitor the claimant, is deprived the opportunity of independent legal advice from a solicitor of their choice

“This case provides a perfect illustration of how direct negotiation with an insurer after a road accident works against the claimant. Unless the right information is brought to the table, the negotiation process is no more scientific than a game of “deal or no deal” with the claimant left to second guess whether the insurance company offer is a genuine valuation or part of a bartering process to test the claimant’s resolve. Once we presented Mrs Lampard’s accident claim, the insurer broadly accepted our analysis, co operated and a fair settlement was agreed." Commented Nigel Barrowcliff of ClaimsSolicitors. "It is too much to expect an insurance company to argue against the interest of their own shareholders. If an insurance company offers to pay a claimant’s case direct the answer should always be “no deal” – and instead consult a reputable personal injury solicitor at no cost.”

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ClaimsSolicitors Ponder Why Consumers Choose Claims Companies To Handle Their Financial Claims

The collapse of Manchester claims company Cartel Client Review hit the headlines recently. Not only was its licence to operate suspended by the Department of Justice but it is likely that the company does not have sufficient assets to pay back the upfront fee charged to clients to investigate their financial mis-selling claims. Consumers seeking to challenge "unenforceable" bank loans or credit card agreements, mis-sold payment protection insurance and other financial matters are now left out of pocket to the tune of at least £495 and with little chance of a payout in respect of their claim.

A spokesperson from ClaimsSolicitors has commented upon the irony of The Ministry of Justice's advice to Cartel’s clients is that one course of action open to them is to consult a no win no fee solicitor to try to pursue their case. He said "If people consulted solicitors directly instead of being tempted by advertising or telesales calls from claims companies they would not only save a substantial fee but would get a speedy and realistic assessment of whether such claims are enforceable in the Courts. Solicitors have a duty of care to their clients, are fully backed by insurance and are highly regulated by the SRA (Solicitors Regulation Authority). Why consult a middleman when you can go direct to an expert? The impression that writing off credit card debts is routine is misleading and can cost vulnerable people money they can ill afford to lose. Consumers who have genuinely been mis-sold unnecessary payment protection insurance should be refunded and compensated. A reputable solicitor can provide an honest assessment of the prospects of success in any claim, will be upfront about fees and will have credibility in the eyes of the lenders."

Cartel was the third ‘financial mis-selling’ company to have their licence suspended by the Ministry of Justice in the course of the last six weeks, the others being Claim4Gain and Capital Returns Ltd.

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ClaimsSolicitors Comment On Government Proposal For Free Dog Insurance For All

A solicitor at personal injury firm ClaimsSolicitors believes that the Government's new proposal announced yesterday to legislate for compulsory insurance for all dogs would help victims of dog attacks to get accident compensation.

"We have seen a big increase in claims from people injured by dog bites. Some of the injuries have been horrific and have resulted in hospital stays, lost wages through time off work, and permanent scarring," says a spokesperson from claimssolicitors.co.uk. "We have seen many cases of adults as well as children who, although having suffered badly, are unable to claim any accident compensation because of dog owners who are unable to pay compensation for the injuries caused by their animals. Part of the proposed scheme to force dog owners to carry third party insurance against their dog attacking anyone would not only help victims but encourage responsible dog ownership. The reports of large insurance premiums are probably exaggerated.

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ClaimsSolicitors Comment On Peppa Pig Being Required To ‘Belt Up’ In Future Episodes

Peppa Pig is undertaking a nationwide UK theatre tour beginning next month (February 2010). It is unlikely that five year old Peppa will not be wearing a seatbelt as she travels between venues with fellow performers.

For Peppa has been accused of being a bad influence on her legion of young fans. She has been spotted many times on TV out in the family car, and like her parents and brother she has not been restrained by a seatbelt. Following a complaint, from now on she will be properly restrained. One of Peppa's legion of young fans was refusing to wear a seatbelt after noticing that Peppa was not wearing hers.

A personal injury solicitor from claimssolicitors.co.uk points out that not only was Peppa risking serious injury but, in the event of any accident claims, the vehicle's insurers could deduct up to 50% of any injury payout made to Peppa of her family. "The Courts take the view that drivers and passengers have a duty to comply with the law and to protect themselves, and can reduce injury claims and compensation paid on a sliding percentage scale depending upon the circumstances," he says.

For those of you who are over the age of five and not the parents of young children - Peppa Pig is a character in Channel 5 and Nickelodeon TV. Programme makers Astley Barker Davies has recently decided to portray Peppa and her family wearing seatbelts when in the car in future and is spending three months reanimating scenes in old episodes.

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Successful Outcome for ClaimsSolicitors.co.uk in Hairdressing Claim

A personal injury solicitor at claimssolicitors.co.uk secured a payout of well over £6000 as compensation for injury and distress caused by a hairdressing accident at her local hair salon. Mrs Z attended the salon to have her hair highlighted. The lack of a strand or skin test beforehand and negligent application of the highlighting solution resulted in very unpleasant injuries to her scalp. Severe itching, bleeding and scabbing eventually lead to a bald patch.

The skin damage eventually healed with the application of medically prescribed creams however the hair was permanently damaged and thus will not recover until entirely new growth appears over time. This was very distressing for Mrs Z and affected her self esteem as a result.

The solicitor was able to prove that poor technique such as applying the solution directly to the scalp (not solely in foils), repeated applications, and leaving the preparation on for too long, all constituted negligence and so a personal injury and hair claim was successful.

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ClaimsSolicitiors call for regulation of hairdressers to prevent hair accidents

A Stockport personal injury solicitor is calling for all hairdressers in the UK to be subject to regulation.

Nigel Barrowcliff of claimsolicitors.co.uk is a specialist in professional negligence claims and has observed an alarming increase in clients coming forward with injuries to their hair and scalp as a result of hairdressing malpractice.

The problem has been highlighted by a campaign by the Association of Personal Injury Lawyers and has also received recent media attention on breakfast TV and on BBC Radio Two.

Modern hairdressing involves the use of powerful bleaching, colouring, straightening and perming solutions. If a patch test is not performed beforehand or if the chemicals are incorrectly applied serious burns to the scalp can result leading to pain and discomfort, bald patches, hair loss and even permanent scarring. In cases of extreme allergic reaction victims can suffer anaphylactic shock.

"The hairdressing profession is completely unregulated and anyone can open a salon and call themselves a hairdresser" says Nigel. "This does not happen elsewhere in the EU where a professional qualification together with schemes for registration and monitoring are compulsory. Many experienced hairdressers are themselves advocating regulation of this kind. Hopefully such legislation would lessen the number of hairdressing injuries in the future. Unfortunately we are not just seeing cases of failed haircuts or minor burns but serious and permanent injuries on occasion necessitating surgery or inducing permanent allergy."

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ClaimsSolicitors.co.uk Report On The Knock-on Effects Of ‘Crash for Cash’ Claims>

Innocent victims of road accidents are increasingly being treated with suspicion by insurance companies, according to a spokesperson from claimssolicitors.co.uk, leading UK Accident Claims Solicitors.

"The criminal actions of fraudsters such as the recently convicted 'crash for cash' swindler Mohammed Patel means that people injured in low impact car accidents are now viewed a potential criminals when making personal injury claims." Mr Patel, from Bolton, was recently jailed for four and a half years for staging a large number of mock car accidents at the same roundabout in South Manchester.

"The severity of the sentence shows just how seriously the Courts view cases of insurance fraud. Hopefully this case will not only deter others but make people much more vigilant and, like the office workers at the roundabout – report suspicious behaviour.

'Crash for cash' is not a victimless crime. It spreads distrust of road accident victims and also costs every single honest motorist by way of increased in car insurance premiums. Aside from the money swindled from the insurers, innocent motorists could have been killed or injured in the process.

At claimssolicitors.co.uk our aim to get fair treatment for people suffering injuries or financial loss as a result of a no fault road accident. When cases like this appear it is small wonder perfectly valid accident claims are viewed with suspicion.”

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Claimssolicitors resolve problematic linked road accident claims with two accidents and two insurers

What happens to personal injury claims when there are two accidents and two insurers involved with one client? This was the problem posed to claimssolicitors.co.uk (the online presence of Davies and Company Solicitors, Stockport).

Their client Mr Graham was a driving instructor who was unfortunately involved in two rear shunt collisions only eleven months apart.

Following the first road traffic accident claimssolicitors handled his accident claim providing a hire car whilst his was being repaired and arranging for private physiotherapy to assist him in his return to work. Mr Graham was making a slow but steady recovery when he was involved in a very similar second accident. After this accident he was unable to return to full time working hours.

In handling the claim for his injuries and loss of earnings for the first accident, claimssolicitors were met by an argument from by the Insurers that liability was limited to the 11 month period until the second accident. The Insurers offered £3000 as a personal injury settlement. The Insurers dealing with the second accident claimed that Mr Graham was still suffering from the first accident and that his symptoms were far worse as a result.

The very experienced solicitor at claimssolicitors tackled this problem by coordinating the medical evidence and engaging a specialist surgeon to examine the victim and to provide medical evidence to assist on deciding how compensation should be divided. Mr Graham was also provided with rehabilitation therapies whilst legal matters progressed.

A coordinated Court action was taken against both defendants; however a successful outcome was achieved without going to Trial. Both cases settled and Mr Graham received £20,000 and £34,000 personal injury compensation.

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Claimssolicitors note interesting results of Driving Survey

Claimssolicitors, a specialist firm of personal injury solicitors, often deals with claims involving a road traffic accident, so they thought the results revealed by a recent ‘Auto Trader Compare’ survey were very interesting.

With so many cars in circulation, it’s clear that road accidents are unavoidable, but this recent survey reveals people’s perceptions were often flawed. For example, of those surveyed, most believed owners of expensive or more powerful cars like BMWs and Mercedes caused more road accidents than cheaper brands.

The statistics reveal in fact that: “Based on accident claims from April, 2008 to April, 2009, 23% of claims were from Ford drivers, followed by Vauxhall at 15%, Volkswagen at 12%, Renault at 11% and Peugeot at 10%.”

Claimssolicitors know from experience that it isn’t the car that is to blame for road accidents - it’s the driver inside it. The survey also uncovered other myths such as the relevance of age and sex to the incidence of accidents, but perhaps one of the most telling findings seemed to be that many drivers seem to be unaware of their own shortcomings: “22% of them thought they had excellent driving skills and another 63% rated themselves as good drivers.”

The simple fact is accidents will happen, however in any collision where blame can be attributed, the team at claimssolicitors will aim to achieve no win, no fee compensation for their injured clients.

“We should let go of our beliefs that other people (e.g. elderly people, women and those driving vans) are worse drivers. These are other statistics show that there really is no foundation,” commented a spokesperson from claimssolicitors. “Human error is across the board, but when accidents do happen claimssolicitors will be there to help.”

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Successful Outcome in Hairdressing Claim

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ClaimsSolicitiors call for regulation of hairdressers to prevent hair accidents

A Stockport personal injury solicitor is calling for all hairdressers in the UK to be subject to regulation.

The problem has been highlighted by a campaign by the Association of Personal Injury Lawyers and has also received recent media attention on breakfast TV and on BBC Radio Two.

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'Claimssolicitors' success in car claim controversy

Claimssolicitors, the online division of Davies and Company, are pleased to report their recent success on a criminal damage claim resulting in full compensation.

In this case an insurance company judged the use of a private car for travelling to work as business use and therefore declined payment of the claim after the car was written off subject to criminal damage.

Many people use their car to travel to work every day, and don't imagine that should something happen to their car their insurance company may try to bypass responsibility due to terms of use. It is important to read the small print in any policy and to seek legal advice if such a loophole is found.

In this case the injured party approached claimssolicitors who represented them. The case ended up in Court - and when presented with claimssolicitors' case the insurer conceded to pay - not a portion of, but the full loss, plus interest and indemnity costs.

"You'd be surprised what insurance companies will try to avoid paying a claim," says Philip Davies of claimssolicitors. "In this case the client wouldn't settle and neither should you - seek legal advice from claimssolicitors who can advise you and negotiate on your behalf."

For more information about ClaimsSolicitors, visit www.claimssolicitors.co.uk or

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DNA Evidence Could Help to Resolve Industrial Illness Claims

Researchers in the USA have developed a technique that could provide important evidence in workers' illness claims in the future. The Courts in California have heard 20 cases in which DNA evidence was used to establish whether or not exposure to toxic chemicals at work was the cause of the claimants' conditions

The new technique, called "msds1" can determine how human cells and their individual DNA respond when exposed to chemicals. It was developed at the University of Illinois and has been recently been endorsed by the US equivalent of our Law Society - the American Bar Association.

There are thousands of industrial injury claims in the UK each year and many of these relate to incurable diseases such as mesothelioma caused by working in an environment with harmful substances.

Nigel Barrowcliff, of personal injury specialists ClaimsSolicitors, which successfully handles many claims for injury compensation each year, said of the use of the new DNA evidence:

"Any innovation that can help claimants establish the cause of their illness is of course most welcome." However, whilst I would expect such evidence to be admissible in our courts there are concerns over the costs involved which could be a problem. Whilst expert evidence is often important it does not determine the outcome of a case on its own."

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Million Pound Month for Clients of ClaimsSolicitors.co.uk

The personal injury solicitors at ClaimsSolicitors.co.uk recorded one million pounds in personal injury compensation payments for their clients last month.

July saw specialist solicitors at the Cheshire law firm successfully conclude the claims of dozens of clients after detailed investigation work, negotiation with insurance companies or Court action. None of the firm's clients had to contribute any of their legal costs.

Personal injury solicitor Nigel Barrowcliff of the firm commented; "We are pleased our clients had a just conclusion to their claims. Whilst no amount of compensation can turn back the clock or truly reflect the pain, suffering or inconvenience caused by a personal injury, these clients can draw a line under the claims process and get on with their lives. It is satisfying for us to deliver rehabilitation, good service and a fair financial result for our clients."

Nigel Barrowcliff is a Member of the Law Society Personal Injury Panel and a Member of the Association of Personal Injury Lawyers.

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Victory in Battle With Insurance Giant in Fight for Justice After Tragic Death

Solicitor Nigel Barrowcliff successfully challenged Legal and General and secured a £100,000 out-of-court settlement on behalf of widower David Webb, whose wife was killed when a suicidal driver deliberately crashed into their car.

The case revolved around the small print in Mrs Webb's life insurance policy. They had been refusing to pay out because of an entry on Mrs Webb's medical records which implied she was a smoker, even though this had no bearing on her death. Nigel Barrowcliff also handled a fatal accident claim and against the other driver's insurers.
For the full story please see Claims Solicitors win £100,000 out-of-court settlement

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Village Green Events Saved!

The Court of Appeal decision in Cole v Davis-Gilbert (April 07) relating to liability in the case of a person who suffered serious leg fractures from a hole left by a maypole means that traditional May Day celebrations can go ahead with less worry for the organisers.

This ruling, together with the enactment in April 2007 of Section 1 of the Compensation Act 2006, will encourage the courts to consider the deterrent factor of too readily finding liability against the organisers of community events such as fetes or school trips.

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Travellers Who Suffer Injuries

A recent decision by the European Parliament should mean good news for travellers who suffer injuries in Europe.

Up until this ruling, travellers seeking compensation could find themselves time-barred from making a claim without even realising it. The standard 3 year compensation claims limitation in the UK does not apply elsewhere.

The decision is the first step towards all EU member states harmonising the limitation period for personal injury compensation claims to 4 years. The move was the result of successful lobbying by an MEP and PEOPIL (Pan European Organisation of Personal Injury Lawyers).

Claims Solicitors are regulated by the Solicitors Regulation Authority