{"id":4418,"date":"2018-08-03T11:35:25","date_gmt":"2018-08-03T11:35:25","guid":{"rendered":"http:\/\/www.tayloremmet.co.uk\/blog\/wordpress\/?p=2468"},"modified":"2018-08-03T11:35:25","modified_gmt":"2018-08-03T11:35:25","slug":"civil-liability-bill-children-car-accidents","status":"publish","type":"post","link":"https:\/\/www.tayloremmet.co.uk\/blogs\/civil-liability-bill-children-car-accidents\/","title":{"rendered":"Civil Liability Bill: No Justice for children involved in Car Accidents"},"content":{"rendered":"

If it comes into force as drafted, the Civil Liability Bill will increase the huge profits of motor insurers like Zurich, AXA, Direct Line, Churchill and others by denying many thousands of innocent victims of road traffic accidents (RTAs) their rights to employ lawyers to pursue their compensations claims.<\/span><\/p>\n

Any injury caused by a road traffic accident that causes soft tissue injuries alone (meaning no fractures, scarring or other physical injuries) with a deemed value of under \u00a35000 will become a small claim. In such cases, the injured party will have to pay for a solicitor to assist them with their case, rather than recovering most or all of the costs from the insurers of the motorist responsible as occurs now.<\/span><\/p>\n

How is that right, fair or reasonable?<\/span><\/strong><\/h3>\n

An example is a schoolboy I am acting for now. He was a passenger in a car driven by a parent which collided with another vehicle. Both parties blame the other for the collision and won\u2019t back down. The case may have to start in the County Court before anyone will be able to recover compensation.<\/span><\/p>\n

Our client suffered neck pain that lasted for several months as well as anxiety, shock and sleeping difficulties following his frightening experiences. His claim is worth around \u00a33000 or more.<\/span><\/p>\n

Because his parent was driving, he has a conflict of interest which means that he has to instruct a different lawyer who will pursue his claim against the insurers of both drivers.<\/span><\/p>\n

As the law stands, an experienced personal injury lawyer would have little problem agreeing to compromise the claim after which the compensation will be invested for the client after an infant settlement hearing before a District Judge so the client will receive the money with added interest when he attains 18 years of age.<\/span><\/p>\n

If the Civil Liability bill had come into force, it is very likely that the same client would not succeed at all as he would have to overcome the following problems:-<\/span><\/p>\n