When Is an Accident Not A Claimable Accident In Claims For Compensation for Personal Injury?
The definition of an "accident" in accident claim cases may be an important consideration when dealing with claims for compensation against policies of insurance, such as in road traffic accident claims.
As might well be expected, when it comes to paying out damages for loss or compensation, an insurance company will only do so if there is a legal or contractual entitlement.
Naturally, therefore the question of whether a claim for compensation for injury sustained in an accident is indeed an accident, isimportant because it will determine whether or not an injured party is entitled to receive a payment from the insurance company.
Lets take the possible scenario of a passenger in a vehicle who is seriously injured as a result of being deliberately rammed by another car driven by the Defendant.
Twenty or so years ago one might have considered that as an unusual occurrence, however on today's roads with road rage almost a daily occurrence, this is now a highly feasible situation.
For the purpose of the above example lets assume there were witnesses to the incident and that we can say with confidence that the Defendant would be found guilty of causing criminal damage.
The injured Claimant is entitled in such circumstances to use that criminal conviction in evidence in civil proceeding for damages for personal injury suffered.
The issue is whether the Defendant's motor issuers are liable in the circumstances, as their policy terms specifically refers to an "accident" and clearly a situation in which a person intentionally rams his car into another is not an "accident" within the normal construction of the term.
However, the situation is not so straightforward since judicial thinking has been at variance on whether a deliberate act can be considered as coming within the definition of accident in relation to personal injury claims in road traffic accidents.
There are also public policy issues at play and the compulsory third-party insurance provisions of the Road Traffic Act which sets out the minimum statutory cover that insurers are required to provide to vehicle policy holders as part of their car insurance.
In a recent case the courts have ruled that on grounds of public policy that on basic principles of insurance law, the insured can not, by his own deliberate act, be the cause of the incident upon which the policy is to play out.
In other words, the insured driver cannot take the benefit of the insurance policy where it is his own deliberate and perhaps criminal act that is the cause of the incident upon which a claim is made.
Equally, it has been ruled that a third party who seeks to claim against the driver of a vehicle who at the time was acting in the commission of a crime, cannot claim because to do so would require the injured party to claim through the wrongdoer, which public policy considerations prohibit.
In the circumstances, neither insured party (i.
e.
the wrongdoer driver) nor an innocent third party, will be entitled to claim against the driver's insurance company, although this would not prevent the innocent party from claiming directly against the driver.
The issue in the latter would then simply be whether the driver has the financial means to satisfy a judgment made against him.
However, if a person is injured during the commission of a crime, there are a number of possible solutions for recovering damages.
In the example given above, if the Defendant driver is impecunious i.
e.
doesn't have the means to pay compensation, then an injured party may put in a claim to the criminal injuries Compensation Authority.
If the situation involves a hit-and-run (untraced driver) or a driver without insurance, then a claim may be made to the Motor Insurance Bureau (MIB) which will consider claims for compensation based on medical reports commissioned, on the injuries sustained by the innocent victim as a result of the incident in question.
If you suffer injury as a result of a situation in which you are concerned whether you will be entitled to claim compensation, for example in circumstance where the driver the vehicle cannot be traced, or perhaps the car was stolen at the time of the accident, then please don't hesitate to contact me should you need some help.
As might well be expected, when it comes to paying out damages for loss or compensation, an insurance company will only do so if there is a legal or contractual entitlement.
Naturally, therefore the question of whether a claim for compensation for injury sustained in an accident is indeed an accident, isimportant because it will determine whether or not an injured party is entitled to receive a payment from the insurance company.
Lets take the possible scenario of a passenger in a vehicle who is seriously injured as a result of being deliberately rammed by another car driven by the Defendant.
Twenty or so years ago one might have considered that as an unusual occurrence, however on today's roads with road rage almost a daily occurrence, this is now a highly feasible situation.
For the purpose of the above example lets assume there were witnesses to the incident and that we can say with confidence that the Defendant would be found guilty of causing criminal damage.
The injured Claimant is entitled in such circumstances to use that criminal conviction in evidence in civil proceeding for damages for personal injury suffered.
The issue is whether the Defendant's motor issuers are liable in the circumstances, as their policy terms specifically refers to an "accident" and clearly a situation in which a person intentionally rams his car into another is not an "accident" within the normal construction of the term.
However, the situation is not so straightforward since judicial thinking has been at variance on whether a deliberate act can be considered as coming within the definition of accident in relation to personal injury claims in road traffic accidents.
There are also public policy issues at play and the compulsory third-party insurance provisions of the Road Traffic Act which sets out the minimum statutory cover that insurers are required to provide to vehicle policy holders as part of their car insurance.
In a recent case the courts have ruled that on grounds of public policy that on basic principles of insurance law, the insured can not, by his own deliberate act, be the cause of the incident upon which the policy is to play out.
In other words, the insured driver cannot take the benefit of the insurance policy where it is his own deliberate and perhaps criminal act that is the cause of the incident upon which a claim is made.
Equally, it has been ruled that a third party who seeks to claim against the driver of a vehicle who at the time was acting in the commission of a crime, cannot claim because to do so would require the injured party to claim through the wrongdoer, which public policy considerations prohibit.
In the circumstances, neither insured party (i.
e.
the wrongdoer driver) nor an innocent third party, will be entitled to claim against the driver's insurance company, although this would not prevent the innocent party from claiming directly against the driver.
The issue in the latter would then simply be whether the driver has the financial means to satisfy a judgment made against him.
However, if a person is injured during the commission of a crime, there are a number of possible solutions for recovering damages.
In the example given above, if the Defendant driver is impecunious i.
e.
doesn't have the means to pay compensation, then an injured party may put in a claim to the criminal injuries Compensation Authority.
If the situation involves a hit-and-run (untraced driver) or a driver without insurance, then a claim may be made to the Motor Insurance Bureau (MIB) which will consider claims for compensation based on medical reports commissioned, on the injuries sustained by the innocent victim as a result of the incident in question.
If you suffer injury as a result of a situation in which you are concerned whether you will be entitled to claim compensation, for example in circumstance where the driver the vehicle cannot be traced, or perhaps the car was stolen at the time of the accident, then please don't hesitate to contact me should you need some help.
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