Accident Claims News

A tragic fatal road traffic accident in wintery weather conditions was the subject of judicial scrutiny in a fatal accident inquiry at Lanark Sheriff Court.  The Inquiry had an interesting analysis of the road conditions, and the approach taken by the coach driver when presented with such conditions.

The UK Parliament’s Transport Select Committee have issued a third Cost of Motor Insurance Report, focussing on the impact of insurance premiums of claims for whiplash injuries. Amongst other recommendations, it calls for clear medical evidence to be obtained following a road traffic accident. “Clarity is the way in which the issue of fraudulent or exaggerated claims can be defeated,” said Ross Slater of Accidentclaims.com. 

The Court of Appeal in England has re-affirmed the duty to ensure that children are properly restrained in a car, and that compensation following a road traffic accident will be reduced where restraints have not been properly used. Accordingly, parents need to take the greatest of care in ensuring that child passengers are appropriately restrained in the car, and do need to take heed of the warnings provided by the manufacturers.

It was perhaps coincidence that the court issued it’s work accident claim judgement in the case of Gillie –v-  Scottish Borders Council [2013] CSOH 76 towards the end of the academic year.  The case involved pranks marking the end of school term causing injuries to a member of staff. In this accident at work claim, the Court analysed the meaning of the reasonably practicable defence.

In the recent opinion of John Dawson –v- Ruth Page [2013] CSIH 24, the Court provided some guidance for raising cases under the Occupiers Liaibility (Scotland) Act 1960.  The case carries warnings of the difficulties in such actions.

A novice golfer who was struck on the head by a golf ball has succeeded in his personal injury claim for compensation.  The claim has succeeded not only against the golfer who hit the shot, but also against the golf club where he was playing at the time. 

There has long been a significant gap between jury and judge awards for surviving family member’s claims under Section 4(3) of the Damages (Scotland) Act 2011 in fatal accident claims. Here we look at some recent decisions of the Courts in an attempt to bridge that gap.

In the recent case of Jacqueline Gee v AXA Corporate Solutions Assurance SA UK Ltd, Sheriff Principal Mhairi Stephen issued an opinion regarding the recoverability of credit hire costs in road traffic accident claims.  I think that is raises some interesting practical questions for pursuers regarding liability under these contracts...