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Who
is responsible for your accident ?
Road Traffic Accident
The
driver who was not complying with the Highway Code would be held responsible.
If you were a passenger, you could make a claim even if the driver of
the car you were in was at fault.
By
law, drivers have to be insured and their insurance company will more
than likely have to pay for your claim. If the driver was not insured,
you could claim from the Motor Insurance Bureau.
Accident
at Work
This could be
your employer, a fellow employee, or another company. If a fellow employee
caused your accident, the claim might still be made against the employer.
If you tripped or slipped
If
you are injured as a result of an accident (e.g. uneven paving slabs,
slippery surfaces or falling objects) on someone else’s property (this
could be the streets, a shop, a block of flats etc), you may be entitled
to compensation from the ‘occupier’ of the property.
The ‘occupier’ is usually the person (or corporation) who has ‘control’
over the premises/land where you were injured. The Occupier may be the
owner of the property, a tenant, a company, a local authority, or any
other entity.
Under
the Occupier’s Liability Act 1957, an occupier must take reasonable
care to ensure that ‘visitors’ to his premises/land are safe when they
are on the premises/land. You are a 'visitor' if you had permission
to be on the premises/land. Permission may be given expressly (e.g.
by an invitation to visit the premises), or alternatively, you might
have had permission if you had a legitimate reason to be there - you were
a workman on the premises, someone making a delivery or you simply went
in to ask for directions.
Even
if you were not a 'visitor', i.e. you had no permission to be on the
premises/land, you may still have a claim.
Product Liability
If
you become ill after using or eating a product you may be able to make
a claim against the manufacturers or restaurant. It is also possible
that you could make a claim against the company that sold or gave you
the product.
Medical
Negligence
If you are the victim of a medical accident or medical negligence you
may be able to make a claim against the hospital, the doctor involved,
your GP, or your dentist. Medical professionals usually have to have
insurance to cover claims made by patients.
The
solicitor will advice you who is responsible for your personal injury
and who is liable to pay for your claim.
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