Being involved in a road traffic accident that wasn’t your fault is a traumatic experience – and one that is made more stressful when the responsible driver is uninsured or untraceable.

If you suffered personal injuries and your vehicle is damaged in an accident that was the other driver’s fault, you are entitled to claim for compensation. However, when you’re hit by an uninsured driver or by a driver who can’t be traced because they didn’t stop at the scene of the accident, it can cause concerns about how you can make a claim.

The good news is there are steps you can take to secure the compensation you deserve, even if the person responsible for the accident is uninsured or untraceable.

Will Your Insurance Provider Pay Your Compensation?

This depends on the type of insurance cover you have. As a guide, with comprehensive vehicle cover you will likely be able to claim for vehicle damage through your insurance company but your provider is unlikely to provide any cover for your personal injury costs.

It really does depend on your policy so it’s important you check the terms carefully. For example, certain insurers offer a so-called uninsured driver promise that means you won’t lose your excess and no-claims discount for making a claim for an accident that wasn’t your fault involving an uninsured driver – but not all do.

How Else Can You Claim For Compensation?

Most compensation claims for road traffic accidents involving an uninsured or untraceable driver are made through the Motor Insurer’s Bureau (MIB), a not-for-profit organisation created to provide compensation for victims of accidents caused by uninsured drivers.

Regardless of the type of insurance cover you have, the MIB can provide compensation when the responsible driver was uninsured, for:

• Vehicle damage
• Property damage
• Personal injury

For accidents involving untraceable drivers, the MIB will only provide compensation for personal injury claims.

How Much Compensation Can You Claim For?

This depends on a number of factors, including your individual circumstances, vehicle damage, the nature of your personal injuries, and the type of insurance cover you had at the time of the accident.

How Long Do You Have To Make A Claim?

A compensation claim must be made to the MIB within 3 years of the date of the accident.

The only exception to the time-limit rule is if the case involves a personal injury to a child – when that happens, you have 3 years to make a claim from the date of their 18th birthday.

How We Can Help You Claim Compensation

Our specialist solicitors can help you with your claim to the MIB, including assisting with filling out the claim form and how best to make your case in order to give you the best possible chance of securing the level of compensation you deserve.

To speak to one of our solicitors about making a compensation claim for a road traffic accident caused by an uninsured or untraceable driver, contact us on freephone 0800 988 3674 or Chester Tel: 01244 405 399 or email advice@bartletts.co.uk

 

 

As a couple in a relationship, it’s only natural to want to protect each other’s interests both today and in the future – but whether your interest in the property you both own will pass to your partner if you die depends on the type of property ownership and if you have a Will.

If you’re not married and own property together, make sure you understand the possible consequences of what happens to your share should you both die at the same time.

Types Of Property Ownership

Joint Tenants

With property owned by unmarried couples as Joint Tenants, if you die then the property you both own automatically passes to your surviving partner.

However, if you and your partner die at the same time and in circumstances that make it uncertain who died first, you would be deemed to have died in order of age seniority. The property then becomes part of the younger partner’s estate and passes to the beneficiaries named in their Will or to those entitled to inherit under the rules of intestacy if there is no Will.

As a guide, owning a property as Joint Tenants means:

• You both have equal rights to the whole property
• The rule of survivorship applies meaning the property automatically passes to the surviving owner
• Your do not own a share in the property and therefore your interest cannot be passed to someone else in your Will
• You can decide together who you want to inherit the property should you both die at the same time, and name this person as your beneficiary in your Wills

Tenants In Common

With property owned by unmarried couples as Tenants in Common, your share only passes to your surviving partner if you die provided you have stated this in your Will – this doesn’t happen automatically.

You can choose to own the property equally or state a defined share each, and the respective share would pass in accordance to your Wills or to the rules of intestacy when you die.

If you were to die at the same time as your partner and there is uncertainty over which one survived the other, the property would not automatically pass to the younger person’s estate.

To avoid any disputes in the future, it’s a good idea to draw up a Trust Deed that sets out the shares you and your partner own and exactly what happens if one of you die or you both die at the same time or your relationship breaks down. This ensures your Will is legally watertight and that the property can’t be sold without consent from both parties.

As a guide, owning a property as Joint Tenants means:

• You each own a defined share of the property
• Your share does not automatically pass to the surviving owner
• Your share can be passed to someone else if you state this wish in your Will

How We Can Help You Write A Will

If you own a property with your partner but aren’t married, it’s important to write a Will that states exactly what should happen to your share of your property if you die and what happens to the entire property should you and your partner both die at the same time.

Our specialist Wills and Probate solicitors will advise you on every aspect of your Will, including the best way for you and your partner to own your property – to ensure you and your partner’s interests are protected, today and in the future.

To speak to one of our wills and probate solicitors at our Hoole office in Chester about making a Will, contact us on freephone 0800 988 3674 or Chester: 01244 311 633 or email advice@bartletts.co.uk

 

 

It’s only natural to want to know how much compensation you’re entitled to if you’ve been injured in an accident that wasn’t your fault. However, compensation for claims depends on the nature of the accident – and no two accidents or injuries are alike.

How Is Your Claim Assessed?

Every claim is assessed on an individual basis and the amount of compensation your solicitor decides to claim for from the negligent party depends on your physical injuries as well as mental suffering and any financial loss.

Furthermore, compensation varies depending on whether your case is settled outside of court or in court.

Claims Settled Outside Of Court

Most claims are settled outside of court and typically a claimant asks for as much as possible for their client whereas the defendant tries to keep the amount as low as possible. The negotiations between both parties will decide on the settlement.

The factors your solicitor takes into account when deciding how much compensation to claim for on your behalf, include:

• Your personal injuries
• The emotional impact of your injuries
• Financial losses
• Guidance from the Judicial College Guidelines for the Assessment of Damages in Personal Injury (15th edition) (Oxford University Press)

Claims Settled In Court

A judge will usually consider the following factors when deciding how much compensation to award:

• Your personal injuries
• Any rehabilitation you have had
• Whether your injuries are long-term
• Any loss of earnings
• The mental impact of your injuries

What Are You Awarded Compensation For?

You are awarded compensation in two parts:

• General damages
• Special damages

General damages include compensation for your injuries and any loss of earnings, and special damages cover other losses you’ve suffered as a result of your injuries.

How Much Compensation Can You Claim For?

The Judicial College Guidelines set the maximum level of compensation for general damages at £337,700 for injuries resulting in severe brain trauma or paralysis.

For special damages, the amount of compensation can go into the millions.

The amount of compensation you can claim for depends on the severity of your injuries, loss of earnings, and any other losses suffered because of your injuries, and will consist of a mixture of general and special damages.

How We Can Help You Make A Personal Injury Claim

Our specialist personal injury lawyers have the experience and proven track record to help you secure the compensation you deserve.

We provide an initial, free and no-obligation consultation to give you the opportunity to discuss your personal injury claim with a specialist solicitor and discover how much your claim is worth. Should you decide to go ahead, your solicitor will advise and guide you at every stage of the claims process, and work hard to achieve the best possible level of compensation for you.

To speak to one of our solicitors about making a personal injury claim, contact us on freephone – 0800 988 3674 or Chester Tel: 01244 405 399 or email advice@bartletts.co.uk

 

 

Writing a Will is one of the most important things you should do in your lifetime, as it enables you to continue caring for family and friends long after you die – so is a DIY Will worth the risk or should you use a professional to help you write your Will?

Many people choose a DIY Will to save money compared to the cost of using a solicitor or an online Will service provider. However, Wills are complex and getting them wrong can be both costly in the long-run and stressful for loved ones left behind if they need to resolve any issues that arise from mistakes made in your Will.

DIY Wills Vs Using A Solicitor

A Will is designed to give you peace of mind that everything will be just as it should be when you die, as all your wishes are written down clearly in your Will to help your chosen executors administer your estate and carry out your wishes.

There are so many things to consider when it comes to writing your Will, and it is all too easy to miss items out or draft them incorrectly with a DIY Will.

As a guide, it’s important to keep in mind the reasons why many people use a solicitor to draft Wills, which include:

• DIY Wills provide no advice on whether what you are doing is the best option
• DIY Wills won’t point out potential pitfalls of how you are implementing something
• DIY Wills won’t highlight any errors you make. For example, an incorrect signature could render your Will invalid or make it difficult for loved ones to prove the validity of your Will after your death
• DIY Wills provide no what-if scenarios for you to consider, such as what happens if any of your beneficiaries died before you
• DIY Wills won’t insist you are specific in your wishes, for example stating “my children” would not automatically include step-children whether this is your intention or not
• DIY Wills won’t ask you to check you’ve considered everything and everyone has been included, including pets and any personal gifts you may wish to make
• DIY Wills won’t provide advice on tax implications of your decisions

How We Can Help You With Your Will

We fully appreciate that making a Will using a professional solicitor may seem expensive compared to making a DIY Will, but it is worth remembering that mistakes can be costly – and our solicitors help clients to draft Wills that are both accurate and based upon the right choices for them.

A Will written well provides peace of mind and reassurance that your intentions will be acted upon when you die, and that you’ll be able to protect loved ones long into the future.

Our Wills solicitors provide a free initial no-obligation discussion to find out what you’d like to include in your Will and to understand your personal situation so they can provide supportive advice and guidance on writing a Will that is legally watertight and fully reflective of your wishes.

To speak to one of our specialist solicitors about drafting your Will, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

 

 

During the winter months, ice and snow can make roads and pavements slippery and unsafe – and if you’re injured in a road accident because of the poor weather conditions, you may be able to make a claim for compensation.

Accidents on the road caused by ice or snow are often serious and traumatic for those involved, as below-zero temperatures make driving and walking conditions treacherous. If you or a loved one have been injured as a result of an accident that wasn’t your fault, our specialist personal injury solicitors are here to support and advise you if you decide to make a compensation claim.

Ice Or Snow Accident Claims

It isn’t only drivers who suffer personal injuries in ice or snow accidents – passengers, cyclists, motorcyclists and pedestrians can all be affected too.

Depending on the circumstances of your accident, you may be able to claim for compensation against the person or organisation whose negligence caused your accident, including:

• The driver of the other car or vehicle
• The driver of the car you were a passenger in
• The local authority
• The Highways Agency

Ice Or Snow Accident Causes

Other Driver

If the driver of the other vehicle failed to adjust their driving to match the demands of the road and weather conditions – for example, by driving more slowly or by keeping a greater distance from the car in front – then you may have a case for making a claim for compensation which would be paid for by the other driver’s insurance company.

When the weather conditions are poor, it’s important to take extra care when driving, to help prevent an accident and personal injury.

There are naturally times when an accident happens through no fault of your own, but as a guide it makes sense to make a few checks before setting off and changes when driving in icy or snowy conditions, including:

• Drive according to the road conditions
• Remove ice and snow from all the windows
• Make sure there is no ice or snow on car lights or number plates
• Keep a greater distance from the car in front
• Drive slowly and in a high gear

Local Authority / Highways Agency

Your local authority and the Highways Agency have a duty of care to make sure the road and pavement surfaces are safe for all users – drivers, cyclists and pedestrians alike.

Reasonable measures should be taken to ensure the roads and pavements are kept clear of snow and ice, and where conditions are deemed dangerous the authorities should prioritise the main roads. There should also be warning signs in place if necessary.

If the authorities didn’t take the appropriate action or failed to follow the Highways Act 1980 and you’ve been injured in a road accident, you may be able to make a claim for compensation against them.

How We Can Help You With Your Ice Or Snow Accident Claim     

If you or a loved one have suffered a personal injury in an accident caused by ice or snow on the road or pavement, you may be able to make a claim for compensation.

Our specialist solicitors will take the time to fully understand the circumstances of your accident, the seriousness of your injury and the cause, and will tailor all advice to your specific needs and situation.  This includes whether you have a case to make a claim and if so, providing extensive support and guidance for the duration of the claims process to ensure the best possible outcome.

To speak to one of our specialist personal injury solicitors about your ice or snow accident, contact us on freephone – 0800 988 3674 or Chester Tel: 01244 405 399 or email advice@bartletts.co.uk

Your Guide To Housing Disrepair Claims

Housing disrepair is when a rented property becomes unsafe or uncomfortable for a tenant to live in because the landlord has failed to carry out the necessary work within a reasonable amount of time after being informed of the issue.

As a tenant, you have a right to live in a property that is structurally sound and internally safe for living in. If this has not been your experience and you are living in rented property in need of repair or that is poorly maintained by the landlord, you may be eligible to make a housing disrepair claim.

Landlords And Housing

If you rent your home, your landlord has a duty of care to ensure it is safe and suitable for you to live in. This is a legal responsibility of all landlords, whether you’re a social tenant in a council-owned property or a private tenant in privately-owned property.

Under the Homes (Fitness For Human Habitation) Act, repairs to property are now contractual and a failure to complete repairs is a breach of contract that allows the tenant to take legal action.

Legally, landlords must ensure the property is:

• In a good condition structurally
• Free from damp and mould
• Fitted with working drains and gutters
• Safe and has access to electricity, gas and water
• Warmed by a working heating system
• Free from vermin or insect infestation

Housing Disrepair

There are many examples of housing disrepair, including condensation, poor ventilation, no heating, and rotten window frames.

As a guide, the following issues when left unfixed after you notify your landlord of the issue, are considered examples of housing disrepair:

• Cracks in the external walls that let cold air in
• Rotten window or door frames that let water or cold air in
• Cracked plaster on internal walls
• Broken or faulty gas boilers that are dangerous
• No heating due to a faulty system or boiler
• Leaking pipes that cause damp and mould
• Loose tiles on the roof that cause damp or cold air to get in
• Sanitation units that are broken or faulty
• Mice or insect invasion

Housing Disrepair Claims

Living in a property that is cold, damp, unsafe or uncomfortable, as a result of your landlord’s failure to carry out repairs within a reasonable amount of time after being notified of the issues by you, could mean you have a right to make a housing disrepair claim for compensation.

The most common types of housing disrepair claims relate to:

• Health
  Damp homes or living in a house with no heating or with draughts can cause chest infections and illness.
• Inconvenience
  Part or all of the house may become uninhabitable and cause you to live in a smaller area than is comfortable.
• Damage
  Water leaking or damp conditions can ruin clothing and bedding, etc, or it may be your belongings are damaged when repairs are carried out.

How We Can Help You With Your Housing Disrepair Claim

Our property solicitors have extensive experience and knowledge of housing law and handling claims for housing disrepair – and will be able to help and advise you regarding your living conditions and whether you are eligible to claim for compensation.

If you’ve notified your landlord of the issues in need of action or repair, but the necessary work has not been carried out within a reasonable amount of time, and your home has become unsafe or uncomfortable to live in as a result, you may be able to claim for housing disrepair compensation.

We will support you at every step of the claims process, if you decide to make a claim, to ensure you receive the compensation you deserve from your landlord.

To speak to one of our specialist property solicitors about your housing situation, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

A business Lasting Power of Attorney (LPA) protects your interests and looks after your company at a time when you’re no longer able to do so yourself.

Designed to help in a similar way to standard Lasting Power of Attorneys, business Lasting Power of Attorneys safeguard the interests of a business as well as the interests of its owners and its companies.

Why Have A Business LPA?

With a business LPA, you can appoint one or more Business Guardians who are able to oversee the running of your business for a short or extended period of time.

Having a business LPA in place gives you the peace of mind and security that, should you lose mental capacity at any time due to a serious illness or accident, your business won’t suffer a big disruption to its day-to-day operations.

Business owners who can benefit from appointing an attorney, include:

• Shareholders
• Sole traders
• Partners

What Happens If A Business Owner Loses Capacity & Has No Lasting Power of Attorney?

If you suddenly became unable to make commercial decisions but had no LPA in place, this could have a serious impact on your business.

Your business could be affected badly with difficulties including no one able to:

• Sign documents
• Access your bank accounts
• Authorise staff payments
• Order supplies

It can take months for someone to make an application to the Court of Protection to request the court appoint them as deputy in order to make decisions on your behalf, and is more expensive than creating an LPA in the first place.

How We Can Help You Create A Business LPA

Our specialist Wills and Probate solicitors at Bartletts are here to help you ensure every aspect of your business is protected by putting a business LPA in place.

We will assist you at every stage of drafting a business LPA including making sure the Business Guardians you choose are the right people for your firm.

To speak to one of our solicitors about making an LPA for your company, contact us at our Hoole office on Tel: 01244 311 633 or freephone on 0800 988 3674 or email advice@bartletts.co.uk

 

Will My Personal Injury Claim Progress ?

Since the start of the first lockdown in March, we have been working as normal to help our clients with their legal matters, the only difference has been location as we were initially working remotely from home rather than from the office.

All our solicitors are contactable as though they were in the office and continue to speak to clients, insurance companies and other solicitors to ensure the work is still completed.

Cases are settled weekly and meetings / Court hearings still go ahead via telephone or video calls.

Can Deadlines Still Be Met?

Yes, they can. At the start of lockdown, the Government amended the Civil Procedure Rules to provide greater flexibility for parties meeting Court deadlines and directions.

Practice Direction 51ZA now states both parties can agree extensions of deadlines by up to 56 days. The Courts are also showing greater leniency when extension requests are made.

We are all working diligently to make sure all cases progress as they would outside of lockdown, and always meet our weekly deadlines to keep cases on track.

What Can You Do To Help With Your Personal Injury Claim?

In addition to speaking to a qualified personal injury lawyer about your claim, there are things you can do to support your case and make it stronger.

Document Your Injuries

Any official reports will support your claim, so if you’ve been injured in a road traffic accident contact the authorities straightaway so they can document the incident.

Take photos of the scene of the accident and the details of the other party and witnesses, and store these somewhere safe.

Keep A Diary

It’s a good idea to write down your life since your accident, and the physical and psychological impact it’s had on you. Document any pain or mental suffering, keep photos of your injuries, and stay in touch with your GP as your medical records can be used as evidence.

Also keep a record of your financial losses since your accident, including receipts and evidence of extra costs incurred.

Talk To Your Lawyer

Your solicitor is there to help you so be sure to communicate with him or her, asking questions and checking if ever you’re unsure. Make sure you don’t settle your case too soon – you should wait until your treatments are completed, including any physiotherapy, surgical operations or therapy you may need. It’s a good idea to speak to your personal injury solicitor before accepting a settlement.

How We Can Help You With A Personal Injury Claim

Our personal injury solicitors are providing the same high standard of service throughout lockdown and are fully committed to ensuring it is business as usual for all our clients.

The nature of the coronavirus situation is that it is changing on a regular basis – we will provide you with the most relevant advice and guidance for your personal injury claim and support you throughout the entire process.

As always, we will ensure we fully understand your situation and the circumstances of your accident before tailoring our advice on the best way to proceed and to secure the best possible outcome for you.

To speak to one of our specialist solicitors about making a personal injury claim, contact us on 0800 988 3674 or email advice@bartletts.co.uk

 

 

If you’re injured at work because of an accident that wasn’t your fault, you may be entitled to make a claim for compensation.

If you can show your injury was caused by someone else’s negligence or mistake, you can make a claim for compensation.

Who Pays Accident At Work Compensation?

The law states your employer has a legal duty to keep you safe while you’re at work and could be responsible for paying compensation to you for your no-fault accident at work.

Your employer is legally required to pay statutory sick pay while you recover from a work-related injury or illness.

In the UK, all organisations – regardless of size – must have sufficient employers liability insurance in place that covers medical costs when an employee is injured at work or becomes ill due to exposure at work.

So, if you’ve been injured in an accident that wasn’t your fault, while doing your job, then your company’s insurance firm should cover the amount of compensation you’re entitled to.

Types Of Accident At Work

Every accident at work is different but as a guide, personal injuries are usually caused by one-off accidents or repeated exposure at work.

One-off accidents at work include:

• Slips, trips and falls
• Falling from a height
• Being hurt by a falling object
• Being crushed by heavy machinery
• Being hurt by faulty equipment
• Sustaining burn injuries from accidental contact with hazardous materials

Repeated exposure accidents at work include:

• Carpal tunnel syndrome caused by repetitive activities
• Tinnitus or hearing loss from noise exposure
• Back pain due to lifting heavy items without proper training or support
• Respiratory illness due to toxic fumes exposure

What Should You Do If You’re Injured At Work?

The most important thing to do if you’re injured at work is to deal with the formalities of notifying your employer of your injury or illness – once you’ve made sure your immediate medical needs have been taken care of.

You need to create a record of your accident to support your claim and try to ensure the incident is recorded in the accident report book at your place of work.

Every accident at work is unique and requires a slightly different approach, but as a guide if you’re injured at work and it is severe, you should call for an ambulance before asking a colleague to deal with the formalities (detailed below) on your behalf.

As a guide if you’re injured at work, you should:

• Report your accident to your site or floor manager
• Create a written incident report in the accident book at work
• Take photos of the scene of your accident
• Establish if any witnesses and get statements from them

You need to have evidence that your accident at work was due to no fault of your own and that it was caused by someone else’s mistake or negligence, and that your employer was aware of your accident straightaway.

How Much Compensation Will You Get For Your Injury?

Every compensation case is different and the amount of compensation you receive will depend on a number of factors.

Your level of compensation depends on:

• The severity of your injury or illness
• Medical treatment costs
• Any lost income
• Ongoing care costs
• Personal pain and suffering

How We Can Help You Claim Compensation For Your Accident At Work

The law is particularly complex when it comes to accidents at work, which is why it’s important to use a qualified and experienced personal injury solicitor – and our specialist solicitors have successfully handled a range of accident at work cases, helping to secure the best possible compensation and outcome each time.

If you have been injured due to an accident at work or become ill because of exposure at work, caused by someone’s negligence or mistake, we will support you at every step of the process. We offer a free no-obligation initial consultation to discuss the details of your accident and establish if your employer is responsible, and provide ongoing advice and guidance, should you decide to make a claim, to help you secure the compensation you deserve.

To speak to one of our specialist solicitors about your accident at work or to make a claim for compensation, contact us on 0800 988 3674 or email advice@bartletts.co.uk