Many of us, unfortunately, experience road traffic accidents at some point in our lives and by far the most common is the “rear-end shunt”. A person who has been hit often sustains a “whiplash” injury to their neck or back otherwise known as a “hyper-extension injury”. The effects are often not felt until a few hours after the accident.
As well as the damage to the car, the victim has a claim against the other driver for damages for their injury and any consequential loss.
Who should I Instruct?
Often the victim will receive a letter from a firm of solicitors offering to act for them. They will have been alerted by the driver’s own insurers who will have paid anything between £500 - £700 to the insurers as a referral fee. This will often exceed the premium paid by the driver. Does the driver have to instruct those solicitors? No There is no obligation to do so. At Morrisons we have a department dealing with personal injury who can act for you on a “no win-no fee” basis. The advantage will be that your claim will be handled throughout by an experienced solicitor who will see you face to face. We also offer a 100% guarantee of your damages if you are successful. If necessary an insurance premium can be obtained to cover you to bring the claim at no extra cost.
Should I Settle the Case with Insurers?
Another aspect that is becoming increasingly common is where the victim receives a letter from the other driver’s insurers offering to settle the claim direct without the involvement of a solicitor. This is known as “third party capture”. The victim may be tempted to go along with this in the mistaken belief that he will have to pay his own solicitor’s costs from his damages and therefore save money. In fact, if his damages exceed £1,000 he can recover his solicitor’s costs in addition. The danger is that the victim may accept a settlement well below what he is entitled to. He will have little or no idea of the correct level of damages unlike the insurers who have enormous experience of these cases on a day to day basis.
If you have had the misfortune of being involved in a road traffic accident that was not your fault please contact Peregrine Lavington on 020 8971 1041 or peregrine.lavington@morrlaw.com .
Wednesday, April 22, 2009
Road Traffic Accidents
Where there’s a Will……………
In the last few years, solicitors have seen a marked increase in the number of disputes over Wills. There seem to be a number of reasons for this: many families now have more assets to dispose of; family structures are changing with an increase in cohabitation and second marriages and potential strains between children, step-parents and step-children; people are living longer and making Wills at an advanced age which may be open to challenge; and with access to the internet, people are becoming better informed and more willing to challenge a situation they see as unfair.
The most fertile ground for disputes arises from home-made Wills; we would always recommend that a Will should be professionally drawn up by a solicitor specialising in this area of law. In that way, the solicitor will have interviewed the client making the Will and a written attendance note will be made and can be produced in evidence at a later date if necessary. If the solicitor has any concern that the client may be confused or lacking mental capacity, the “golden rule” is that the solicitor should consult the client’s doctor. If the doctor confirms that the client is mentally well enough to make a Will, the doctor may be asked to act as one of the witnesses to the Will and can then give evidence at a later date as to mental capacity if the Will is challenged.
Any challenge to a Will must be based on legal grounds; these include lack of mental capacity when the Will was made, “undue influence”, that the Will was not properly executed in front of two witnesses and “want of knowledge and approval”. A Will can also be challenged on the basis that it does not make reasonable financial provision for a person for whom it should provide; under the Inheritance (Provision for Family and Dependants) Act 1975, categories of those who may claim include spouses or civil partners, former spouses or civil partners who have not remarried or entered into a subsequent civil partnership, children, cohabitants (of 2 years or more) and anyone who was being maintained by the person who has died.
Another aspect that can lead to bitter disagreements is division of personal effects. Although we would not suggest including lengthy lists of belongings in the Will itself, a separate list of your wishes can be left with the Will, which, whilst not legally binding, can be very helpful for the family with the job of clearing the home of the person who has died, and can avoid a dispute developing.
Disputes over Wills can often be resolved without resorting to action in Court and we would always encourage this. As solicitors, we will try to bring the two sides together, perhaps hold a family meeting where both sides can put forward their points of view and reach a compromise if possible. Administering an estate involving a dispute is far more expensive and time-consuming than one where the family is in agreement and the parties in dispute may need to instruct separate solicitors.
In conclusion, we would encourage you to make a professionally drawn Will, to ensure that your Will is up to date and to discuss with us any concerns you may have that the Will might be challenged. In some cases we may suggest that you record in a separate letter to be left with your Will your reasons for leaving your estate in a certain way and this may persuade your family to accept the provisions of the Will and so avoid a dispute.
If you would like advice on this area of law, please initially contact Jane Forbat on 01737 854522 or jcf@morrlaw.com or David Kingham on 01737 854529 or dck@morrlaw.com .
The most fertile ground for disputes arises from home-made Wills; we would always recommend that a Will should be professionally drawn up by a solicitor specialising in this area of law. In that way, the solicitor will have interviewed the client making the Will and a written attendance note will be made and can be produced in evidence at a later date if necessary. If the solicitor has any concern that the client may be confused or lacking mental capacity, the “golden rule” is that the solicitor should consult the client’s doctor. If the doctor confirms that the client is mentally well enough to make a Will, the doctor may be asked to act as one of the witnesses to the Will and can then give evidence at a later date as to mental capacity if the Will is challenged.
Any challenge to a Will must be based on legal grounds; these include lack of mental capacity when the Will was made, “undue influence”, that the Will was not properly executed in front of two witnesses and “want of knowledge and approval”. A Will can also be challenged on the basis that it does not make reasonable financial provision for a person for whom it should provide; under the Inheritance (Provision for Family and Dependants) Act 1975, categories of those who may claim include spouses or civil partners, former spouses or civil partners who have not remarried or entered into a subsequent civil partnership, children, cohabitants (of 2 years or more) and anyone who was being maintained by the person who has died.
Another aspect that can lead to bitter disagreements is division of personal effects. Although we would not suggest including lengthy lists of belongings in the Will itself, a separate list of your wishes can be left with the Will, which, whilst not legally binding, can be very helpful for the family with the job of clearing the home of the person who has died, and can avoid a dispute developing.
Disputes over Wills can often be resolved without resorting to action in Court and we would always encourage this. As solicitors, we will try to bring the two sides together, perhaps hold a family meeting where both sides can put forward their points of view and reach a compromise if possible. Administering an estate involving a dispute is far more expensive and time-consuming than one where the family is in agreement and the parties in dispute may need to instruct separate solicitors.
In conclusion, we would encourage you to make a professionally drawn Will, to ensure that your Will is up to date and to discuss with us any concerns you may have that the Will might be challenged. In some cases we may suggest that you record in a separate letter to be left with your Will your reasons for leaving your estate in a certain way and this may persuade your family to accept the provisions of the Will and so avoid a dispute.
If you would like advice on this area of law, please initially contact Jane Forbat on 01737 854522 or jcf@morrlaw.com or David Kingham on 01737 854529 or dck@morrlaw.com .
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