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Tag Archive: compensation

All is not lost if you’re in an accident with an uninsured driver

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It can happen to anyone, at any time. Unfortunately, road traffic accidents are part and parcel of modern day-to-day life.

When it happens, first and foremost the concern is for the health and well-being of all involved, and if everybody walks away without having suffered life-threatening injuries, we thank our lucky stars.

For some drivers though, that is where their luck ends, and a potential nightmare begins, as they discover the other driver was uninsured, or perhaps driving a stolen vehicle, and the details given to them, if provided at all, turn out to be false.

Every week, about 2,000 vehicles are seized because owners can’t provide proof of insurance, while 15,000 letters are sent out to those suspected of keeping an uninsured vehicle.

It means the chances of being involved in an accident with an uninsured driver are on the up, and as anyone who has found themselves in this situation will know, it brings an extra mountain of concern and worry as to how the matter will be resolved.

As specialists in handling claims against uninsured motorists, we at Neil Hudgell Solicitors deal with many such situations, and it is in these circumstances that our expertise in working with the Motor Insurance Bureau (MIB) plays a key role.

Following an accident, it is at an insurance company’s discretion as to whether they will deal with a claim if the other vehicle involved has been stolen, or was being driven by someone who is uninsured.

It is obviously a cause for concern, and can leave a law-abiding motorist fearing the worst.

All is not lost, however, if the insurance company will not pay out, or there isn’t a policy in place, as a claim can still be made.

Our team of specialist lawyers have the knowledge and experience to pursue the case on a driver’s behalf through the MIB, helping to ease the stress of the situation, and hopefully secure compensation on a no win, no fee basis.

With the recent change of season, the falling temperatures and the nights drawing in quickly, we all need to play our part in ensuring the roads are as safe as can be, adapting the way we drive to suit the conditions.

For the Government’s part, it has to continue working to tackle the problem of uninsured drivers, and it will therefore be interesting to see how the recently introduced automated tax system will play its part.

The Driver and Vehicle Licensing Agency (DVLA) will now be making regular checks of number plates through cameras, and although this move is to be welcomed, the problem is not one likely to disappear overnight.

It will continue to be a reason for law-abiding drivers across the country facing rising insurance premiums, and those flouting the law will continue to be a threat on the roads.

The best advice is to take care when you drive, and ensure you are being driven by the right legal team should you be involved in an accident with an uninsured driver.

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15/10/2014 No Comments

Financial pay-outs will never fully compensate people for damage caused by wrongful arrests



By Andrew Petherbridge, Associate of Chartered Institute of Legal Executives, Neil Hudgell Solicitors – an expert in handling claims against the police for unlawful arrest, unlawful detention, assault and human rights breaches.

IMAGINE the situation. Despite being completely innocent, you are suddenly arrested by police, told anything you say could be used against you in evidence, and you are locked in a cell.

All of a sudden you have gone from being an upstanding, law-abiding member of society to a suspect – perhaps of a serious crime.

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18/09/2014 No Comments

Are Yorkshire people missing out on compensation for genuine injuries?

By Sean Gordon, Senior Solicitor, Neil Hudgell Solicitors

NEWLY published research has suggested people in the Yorkshire and Humberside region are the most reluctant in the UK to claim compensation for genuine personal injuries – due to a fear of contributing to the so-called ‘compensation culture’.

The report, carried out on behalf of the solicitors’ network, QualitySolicitors, suggests many people are being left out of pocket – on average £1,064 – as a result of not claiming compensation to cover extra costs such as medical bills and time not working.

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12/09/2014 No Comments

Poll refutes claims of growing ‘compensation culture’



By Sean Gordon, Senior Solicitor, Neil Hudgell Solicitors

The term ‘compensation culture’ seems to have been bandied about somewhat excessively of late, with insurance companies blaming disingenuous claimants for a surge in premiums and rising litigation costs.

Yet it appears that such statements may, in fact, be unfounded. A recent poll conducted by YouGov has discovered that the proportion of personal injury victims willing to claim compensation following an accident has actually decreased, from 29% in 2013, to just one quarter.

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05/08/2014 No Comments

Simple steps could avoid £4 billion a year pressure ulcers cost to NHS

By , medical negligence expert and senior solicitor at Neil Hudgell Solicitors

RECENT research suggests 95 per cent of pressure ulcers (sometimes referred to as pressure sores or bed sores) suffered by patients in hospitals and care homes across the country are avoidable – yet poor treatment is is still subjecting thousands to the pain and suffering they bring.

For the patient, pressure ulcers can become extremely painful and serious.

Yes, many may only be small sores, but others can be open wounds, potentially leading to serious complications which, if left untreated, can even lead to the need for plastic surgery or amputation.

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08/07/2014 No Comments

First Choice’s Holiday Village Woes Continue…



We have recently posted that the Holiday Village Majorca seems to have an issue with sickness and diarrhoea thought to be caused by contaminated pool water however this is not the only hotel in this chain to have this issue; the Hotel Village Algarve seems to be currently experiencing similar issues, this is off the back of an outbreak at the Hotel Village Benalmadena last month.

We are aware of holidaymakers suffering with diarrhoea, cramps and vomiting; and children having itchy rashes, possibly linked to the pool water; a concern for any parent when the resort caters mainly for families with young children.

What is more concerning is we have spoken to a guest due to travel to this resort within a week, who has been told that there are no plans to accommodate her or her party of 3 under-5’s elsewhere. She has asked to remain anonymous but has expressed her concern for her friend with a serious bowel condition and the children in her party;

“When they have known about this illness for over a week now, and it will be two weeks when we go; I am furious that First Choice feel they can play Russian Roulette with our lives in this way”

TripAdvisor, an unbiased consumer based review site, has been inundated with comments;

“Me and my partner and 3 kids-8,6, baby of 9months,all came down with a form of vomiting and diarrhora [sic.] also my six year old came out with some horrible skin rash which I think came from a dirty pool-which I never see get cleaned.”

“I got the server [sic.] sickness and diarrhoea bug like many others in the hotel. Room was full of ants and kitchen work surfaces and dining table was never ever wiped when asked manager Jo why this was, her answer was the maids only make the beds and sweep!”

“…the main venue it smelt of sewage and the right hand ladies toilet leaked”

“I witnessed a maid clean up sick by using a dustpan and brush in the restaurant.”

“in the restaurant there is birds flying everywhere and dirty mouldy placemats.”

“We have just got back from a weeks holiday here and 7 out of 10 of our group all came down with a sickness and tummy bug … ruined out holiday !!”

“My 1yr old has had diahorrea [sic.] for most of the holiday and the 6yr has a skin infection from the pool. Nearly every child we saw around the pool had a sore chin which I am told by my dr it is due to poor water quality from the pools.”

“Food was uncovered and wasn’t Hot it was just room temperature. Also cold food didn’t seem very chilled either.”

“My 2 daughters also got diarrhoea and dry rashly skin, which I’m told is from dirty pool water. Reps wasn’t very helpful in the sickness bug matter and kept trying to shrug it off saying you can’t expect anything less from a hotel full of kids.”

These reports of general poor hygiene in the hotel complex and issues in the swimming pool seem to be a common feature of improper cleanliness. The standards observed are well below those we expect, particularly maids cleaning up vomit and bodily waste with dustpans and brushes; this does not kill infection. This is a severe concern for those coming back from the Holiday Village, those still in residence and those yet to travel.

If you have been affected by this outbreak, or any other holiday illness in the last 3 years please contact one of our experts for a free discussion regarding your potential No Win – No Fee claim.

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05/06/2014 No Comments

Thomas Cook counting the cost of flight delay

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Thomas Cook Airlines will be preparing to count the cost of staff shortages and sickness when their lack of crew delayed a number of flights on Sunday 31 May 2014.

The 06.00 flight from Bristol to Ibiza and the 06.45 to Mallorca were left on the tarmac with customers waiting at check in with only a clock to watch as their holidays ticked away. 11 hours passed without moving a muscle from the airport, before they were taken to a hotel overnight, although the bus forgot to bring them back the next day… they finally took off at 18.30; over 24 hours late.

Meanwhile, a similar story unfolded in Palma and Ibiza for those holidaymakers coming home.

Whilst everyone appreciates that extraordinary things can happen and the best laid plans go awry; staff sickness should not be one of them. There are provisions under EC Regulation 261 of 2004 for compensation of set amounts of between €250 and €600 per person, regardless of how much your flight cost you.  The amount you receive depends on how far your journey is and how long you are delayed.

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03/06/2014 No Comments

Suffered from Professional Negligence?

Every day people up and down the country are consulting professionals for the paid use of their skill. Whether it is a surveyor, an architect, an accountant or indeed a lawyer who possesses such a specialised expertise, all owe a duty of care to provide a service according to the accepted professional standard. Professional negligence- or ‘professional liability’ as it is more accurately termed- arises where that duty is breached in such a way as to cause damage to be suffered by the client. A successful claim entitles the client to financial compensation from the negligent professional.

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20/02/2014 No Comments

Say sorry: how an apology could help save the NHS money



By , senior solicitor and medical negligence expert at Neil Hudgell Solicitors

Recent comments by Jeremy Hunt, the Health Secretary, that doctors and nurses should be more open and honest when things go wrong and “say sorry” to patients immediately struck a chord with me.

Not only would a timely apology help build trust in the NHS, as Mr Hunt wishes, it could potentially save the organisation a lot of money and time.  At present, large amounts of both are invested in investigating complaints and paying compensation to patients who’ve suffered medical negligence.  But, in my experience, many of the complaints would not be lodged in the first place if the doctor or medic involved had simply said “sorry”.

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14/01/2014 No Comments

Miners failed by Raleys Solicitors may be entitled to more compensation for their vibration injuries.



By , professional negligence expert, Neil Hudgell Solicitors.

Between 1999 and 2012, £1.7 billion was paid to miners who suffered vibration injuries whilst working for the National Coal Board, British Coal Corporation and UK Coal.  Hundreds of millions of pounds were also paid to solicitors to advise the miners how to make these claims and the reasonableness of any compensation offers made to them.

But one particular firm – Raleys Solicitors – failed to advise their clients properly and on November 6 2013 His Honour Judge Gosnell, sitting at Leeds County Court, ruled against Raleys Solicitors for the second time for giving injured miners negligent advice.

Miners entitled to claim more for vibration injuries

The case in question was that of Mr Procter.  He had received £11,141 for his injuries but could have, had he received the correct advice, received almost double that amount.  This is because Mr Procter was entitled to make a claim for the tasks he was no longer able to do for himself as a result of his injuries such as DIY, decorating and car maintenance.

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16/12/2013 No Comments

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