Category Archives: Insurance

Commission calls for new judicial guidelines for personal injury claims

New judicial guidelines for personal injury claims have been recommended as "a matter of urgency" by an official report. Compensation for 'whiplash' claims here are running at 4.4 times the level in Britain according to the Personal Injuries Commission. The Commission found that the average soft tissue award is €17,338 compared to just €3,984 in Britain. Commission chairman Justice Nicholas Kearns stated in his second and final report, that while genuine claimants need adequate compensation, the negative impact of high premiums on businesses and consumers had to be recognised. Justice Kearns said awards here are a "stark multiple" of that in other countries. He said "the multiple that has emerged in the benchmarking process is so significant that the Commission is satisfied that it calls for a response that is effective and achievable in the...
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Man who burned down his own business walks free from court

A man who burned down his own business for the insurance payout has walked free from court, despite putting firefighters at risk. David Healy could have faced a life sentence for arson and attempted deception but walked away with a 10-year suspended sentence on the condition he pays €33,000 to the State. The judge said his ‘elaborate web of deceit’ had put the lives of the fire service at risk. ‘The recklessness element of this means that it is most fortunate nobody was injured in the course of the fire and that no emergency services personnel were injured,’ Judge Gerard O’Brien said. He imposed total sentences of 10 years imprisonment, but suspend them once Healy paid €33,000 to the State by August 16. Cork Circuit Criminal Court heard it would have taken one to...
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Rio Tinto to pay injured worker a record $2 million compensation

Mining giant Rio Tinto has been hit with an unprecedented $1.3 million payout order for an injured mine-worker it unlawfully stood down just days after he won a damages claim against the company. The compensation, which comes on top of the $638,000 in damages, represents the highest amount awarded for an employer's breach of the Fair Work Act. It follows what the mining union says is a 'David and Goliath' battle spanning three years. Rio Tinto subsidiary Hail Creek Coal stood down Michael Haylett at the Queensland mine in November 2013, four days after the company was ordered to pay him damages for negligence that contributed to a spinal injury he suffered in 2009. The company argued Mr Haylett was unfit for work despite him having worked...
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Personal injury lawyers target Snapchat as reason for potential car crash

Personal injury lawyers have been asking people if they've been in a car accident that may have involved Snapchat.

Attorneys have set up websites to explain local laws on distracted driving, sent out press releases about Snapchat's potential involvement in certain accidents, and written blog posts about the dangers of the app.
At issue are the app's "speed filter" feature that tracks how fast someone is traveling while they take a selfie. Because Snapchat photos and videos disappear after viewing, they demand more concentration, one lawyer argues. "If they are behind the wheel of a car and they want to view a Snapchat picture, 100% of their attention has been removed from the road," California litigation attorney David Azizi writes on his blog. Some lawyers make a...
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6 Out Of 10 People Don’t Realise They Can Claim Compensation For Injuries Whilst On A Package Holiday Abroad

A Onepoll survey asked 1000 consumers whether they believed they could make a compensation claim for a number of different accident scenarios. Out of those people only 40% of people recognised that they could claim if they sustained an injury whilst on a package holiday abroad. People go on holiday to relax, switch off and have a good time, and no one expects to fall ill when away, but sadly it does happen, from tripping on a badly maintained section of a walkway in the hotel grounds to unmarked wet spots in walkways and hotel restaurants: although surprisingly the most common way for a holiday to end badly is contracting food poisoning from a hotel’s poor sanitation or hygiene. “To qualify for a compensation claim the injury needs to be the fault...
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Lives at risk because drivers are too vain to wear their glasses

VANITY MEANS thousands of motorists are endangering lives on the road by refusing to wear glasses when driving, a recent survey has found. The poll asked 1,000 drivers who wear spectacles whether they used them when required. The results showed that one in eight drivers who are legally required to wear glasses when behind the wheel decided not to, meaning thousands of poor-sighted drivers could be using UK roads on a daily basis. It’s younger rather than older drivers who are the worst offenders. Those under 44 years of age were 15 times more likely to leave their glasses behind when driving compared to the over-55s. The survey, carried out for Focus eye clinics, found that 43% of those who admitted to ditching specs when driving...
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Fraudulent injury compensation claims

"There has been a move over the past few years to make claiming compensation for whiplash injuries almost impossible.  The driving force, to pardon the pun, has come from the insurance industry which claims they have been paying out far too much money to claimants who suffer whiplash as a result of road traffic accidents.  They allege, amongst other things, that whiplash does not exist, that claimants exaggerate their injuries, that claimants falsely claim injury and, at the extreme, that the accident either did not happen or was staged so as to fraudulently claim compensation for personal injury. You do not have to work within the personal injury sector or insurance industry to...
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Whiplash report fees slashed in UK to cut false claims

Cost of medical reports will be drastically cut in the UK in a bid to limit false whiplash insurance claims The price of medical assessments for people that claim to have suffered whiplash in car accidents will be cut in England and Wales in a bid to reduce false whiplash claims. An initial medical report can currently cost up to £700. This will be cut to just £180, justice minister Chris Grayling announced, as the Government continues to crack down on ‘compensation culture’. The Government is hoping that by drastically reducing the cost of the reports it will stop experts that produce them from having an incentive to encourage claimants to get treatment that they don’t need. The savings made by insurance companies can...
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Aviva’s Plan to Clean Up the UK Car Insurance Business

At last an insurer has come up with a solid plan to clean up the UK car insurance business of all the parasites who feed off it and thereby put up our insurance premiums. Aviva has calculate that UK motorists could benefit from a £1.4 billion cut in their motor insurance costs, saving £50 on the average annual premium, if devious motor claims practices were tackled. Aviva’s report, ‘Road to Reform: Tackling the UK’s Compensation Culture’ calls for three amin reforms that will cut costs and improve services for Britain’s insured drivers: 1: Compensate minor, short-term personal injuries in road 'accidents' with rehabilitation only. Insurers would arrange and pay for the customer’s rehabilitation, regardless of whether the customer is at fault or not. Cutting cash compensation for...
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New laws to stop personal injuries claims firms giving away tablet PCs

Courts will also be given powers to refuse compensation for personal injuries claimants who have been dishonest in their Compensation Claims. The measures, announced by the Ministry of Justice (MoJ), are among several aimed at reducing insurance fraud. Justice secretary Chris Grayling has warned insurance companies he expects the reforms to lead to lower premiums. The MoJ is promising to legislate for the changes before the end of the current Parliament in May 2015. If the plans become law, claims firms will no longer be able to offer potential clients free gifts, such as tablet computers, or cash. 'Compensation culture' New rules on whiplash claims come into force in October At least one firm in the UK advertises a "free iPad" to clients whose claim is...
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