Insurance claims Essay Example | Topics and Well Written Essays - 1250 words

Insurance claims - Essay Example Whenever there is an accident, the affected parties (car owner and passengers) have the right to seek for compensation from their insurance companies. This chapter looks at the legal responsibilities of certain people for injury or damage caused by accidents on private and public property. These include owners, occupiers, other people who control buildings and land. The Civil Liability Act 2002has modified the way in which liability for negligence is determined. Under the Act, even if you are injured, you may not have a claim if that injury was caused by something which could have been avoided (KRITZER, 1997, p261). The accident that involved Peter, a driver with Collins Coaches Ltd should first be reported to the relevant authorities so that the right course of action is taken. This will be procedural in establishing whether there are any fatalities, damage of property or animals and to what extent the damage has been done. The police should also be helpful in towing the vehicle awa y. Afterwards, there are legal obligations that will follow in case the vehicle has been damaged and someone has been injured. Other passengers are also obliged to provide useful information to the police concerning the accident as this would be beneficial to the authorities. Relevant information entails what other drivers might have been involved in the crash, whether there are any missing persons and maybe how many people were involved in the accident. In this case, Peter should provide his full identify; name and address, the vehicle’s owner (Collins Coaches Ltd), a valid vehicle registration license plate and any other details required in identifying the vehicle. After the accident, there is a legal process that should be adhered to in the event of significant personal injury or damage of property. Within 24 hours of the accident, Peter is expected to report the crash to the police station nearest to where the accident occurred. One may not be required to report the crash if injuries from the accident prevent you from doing so. If you wish to make a personal injury claim you must report the accident to police within 28 days of the accident. Peter should provide useful information concerning: The place and nature of the accident Registration numbers of his vehicle Extent of any injury or damage caused Names and addresses of all witnesses Peter is required to give all possible assistance to any injured person, including phoning 000 for an ambulance. If injured like Jemima and Sarah in this case, you may have a claim against the driver of the vehicle which caused you injury. Seeking medical help from a doctor after the accident is important as well as consulting a solicitor who practices in personal injury law and in particular, in motor vehicle accidents, as soon as possible. At the solicitor, one is required to fill in a personal injury claim form while the doctor fills in the medical certificate that accompanies the personal injury claim form. Your solicitor will then send your claim form and medical certificate to both the owner of the vehicle and the insurer of the vehicle. The solicitor is supposed to do this within 6 months from the material day of the accident in order to avoid giving a full and satisfactory reason as to why it was not sent in this time. Your solicitor will then proceed to pursue your interests according to the Motor Accidents Compensation Act 1999. At the scene of the accident, Peter is also expected to; Take necessary measures to avert further collisions Not confess fault as this may abrogate insurance claims Make notes of any talk with the other person that may have been involved in the event