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Road
Traffic Accidents . Accidents at Work . Slipping Accidents .
Medical Negligence
Factsheets
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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