A man who left with severe brain injuries after he allowed an uninsured driver behind the wheel of his car scored a historic victory in the fight for compensation. The man was seriously injured after his friend lost control of the car and was involved in a collision with another vehicle head. His friend was later convicted of road hazards, driving with more alcohol and driving without insurance.The man was left with severe brain traumamust take care of the rest of his life.
The insurance, which is covered by an insurance man and accept it as a "designated driver" for political responsibility. But then he said that paying compensation, the man would recover, who was driving was at fault for leaving his friend.
The complexity of this case was a legal nightmare for specialists man the decision of the insurer to compensate with money, which challengedSuccessful challenge would have meant that the man had not compensated for their injuries at all. But if the case before the High Court in London, Blair decided to justice against the assurance that "at the request of the insurer] [that the applicant is the victim fully compensated for his injuries, the result is not admissible in according to the directives.
It could take years before the husband of compensation, if seen as insurance --Society was to place the item in the verdict. The judge also ruled that the case raised important issues that must be examined in detail.
Who is responsible when an uninsured driver behind the wheel of their car and were then involved in an accident to do? The crucial point is whether the man who knowingly allowed an uninsured driver to commit a crime, while driving by uninsured (and drunk), and whether the liabilitylies ultimately with the driver or passenger is insured under whose name the vehicle.
In this case, the court in favor of the applicant, although this is now vigorously by insurers are not disputed. Although the injury, life-changing, man has suffered, you can lose a certain amount of sympathy among those who are in these circumstances, when he had knowingly uninsured drunk driver at the wheel of his car and continue on public roads climb to see. But if hetreated in the same way as all other victims, is not entitled to compensation that can help him cope with his alleged long-term injuries?
This case led to a moral and legal dilemma for the rights of the experts and all parties are only the potential consequences of this decision carefully. If there is respect for the Court of Appeal of his case, could mean a radical overhaul of the claims in the industry, and the attribution of "fault" in cases of uninsured drivers.
If the decisiongoes in favor of the insurer, which means that insurance companies have the right to recover damages for the applicants, and could leave a lot of accident victims to feel very vulnerable. This particular situation is not very often before, but with the number of uninsured drivers on the road in the UK is now over two million, there may be other cases like this behind the scenes.
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