City Cars Offer Poor Whiplash Protection

Posted on June 3rd, 2008 in Legal by shopubbblog

City Cars Offer Poor Whiplash Protection

Thatcham, the car insurers research centre has released studies which place small city cars at the bottom of the pile for safety. Small models such as the Ford Ka and Fiat Panda which many drive in an effort to reduce emissions were both rated as poor for whiplash protection.

Smaller, lighter cars offer less protection from whiplash due to their light build and manufacturers need to compensate for this with better headrest protection. The study focused mainly on headrest protection and found that smaller cars were consistently lagging behind in their standards of headrest protection.

Drivers wishing to reduce emissions and fit into small spaces in the city environment are losing out when it comes to safety. No city cars included in the study were rated as good for whiplash protection.

Rear end shunts at low speed are common accidents in city centres and the most popular cars are not offering adequate protection from whiplash. Low speed collisions are a major cause of whiplash injuries and even minor accidents can result in painful long term damage.

The newly released Fiat 500, expected to achieve a good rating was deemed to only offer marginal protection from whiplash injuries. The highest scoring makes were Audi, Volvo and Saab. These makes of car scored good for seat design across all models.

Crash research manager Matthew Avery is concerned that safety should not become a luxury, with only the more expensive models offering high standards of safety. He hopes that the study can go some way towards prompting manufacturers to provide higher levels of headrest and seat protection as standard.

Mr Avery feels that manufacturers of these smaller models are not primarily concerned with safety. Although the knowledge is there to fit smaller cars with high levels of whiplash protection it is not being done.

The smaller models aimed at city types place more priority on keeping the price low and the weight of the car down. Larger cars aimed at families place much more emphasis on safety than these smaller cars driven mostly by younger, single people without families.

Mr Avery urges manufacturers to work harder at providing whiplash protection, especially as whiplash is one of the most common injuries and is particularly common in low speed city crashes, where the majority of these cars are being driven.

“’Although across the board we are seeing improved seat designs with around 75% of all new seats tested now achieving a “good” or “acceptable” rating, more can certainly still be done.”

“City cars are not equipped to protect their occupants’ necks when they have to absorb the crash energy from larger, heavier vehicles which, combined with poor seat design, makes whiplash far more likely.”

The study will hopefully cause manufactures to sit up and take notice. Failing to provide adequate protection from whiplash in the type of cars most likely to be involved in the type of accidents which cause whiplash injuries is surely a grave oversight.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

City Cars Offer Poor Whiplash Protection / Author: Carys Robshaw

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Construction Worker In Critical Condition

Posted on June 3rd, 2008 in Legal by shopubbblog

Construction Worker In Critical Condition

New York has announced plans to tighten up on its safety on construction sites. Hours after this announcement was made a construction worker fell from a 25 foot scaffold. He was rushed to hospital.

At this moment in time his condition is said to be serious. The authorities are trying to piece together how the accident was caused. It appears that the man was working on a ledge 25 feet high on the scaffold. He was wearing the appropriate safety harness and had been trained and was qualified to carry out this type of work.

The sites safety managers had held a talk with all their construction workers the day previously to discuss safe practice when using scaffold.

Betsy Vorce, speaking on behalf of the Lincoln Center where the worker fell had this to say “Those of us at Lincoln Center are sending him our thoughts and prayers tonight.” She said that the injure worker was conscious when emergency services arrived to take him to hospital.

The accident came at a time when the city has been discussing the alarming number of accidents which have occurred within New York’s construction industry so far this year.

Thirteen people have died as a result of accidents at work in the construction industry in just under four months so far this year. That’s more than in the whole of 2007, when just 12 people died in 12 months. At this rate accidental deaths at work in the construction industry are up threefold.

There are plans for engineering experts to be hired to carry out checks on construction sites and ensure that safety regulations are being followed.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles

Construction Worker In Critical Condition / Author: Carys Robshaw

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Fraudulent No Win No Fee Lawyer Is Fined

Posted on June 3rd, 2008 in Legal by shopubbblog

Fraudulent No Win, No Fee Lawyer Is Fined

James Mcdonald, 60, from Stirling, was offering Pakistani nationals advice on their immigration. He claimed to be working on a no win, no fee basis, but took money for ‘expenses’ from his clients and also took £1000 from the Methodist Church of Britain who were providing financial support for one his victims.

He has been fined £5000 and ordered to pay £6000 in costs for illegally representing the 5 Pakistani nationals whose visas to remain in the UK had expired. The 5 men are currently being held in a detention centre.

He was investigated after it was noticed that he was not among those listed as in a position to provide advice on immigration. Mr Mcdonald is appealing, claiming that he was within the law by representing these immigrants, as they had parents who were alive and born before 1948 and are entitled to British citizenship under a 1948 act.

“I am appealing the ruling of the judge on the interpretation of the Immigration and Asylum Act and I am optimistic. There are millions of people entitled to come to this country: they are migrants, not immigrants. This case has nothing to do with immigration or asylum.”

Mr Mcdonald has previously served a seven year prison sentence concerning the handling of counterfeit money. It was the biggest money laundering scam ever discovered in Scotland.

Mr Mcdonald is currently awaiting the results of a tribunal to ascertain whether he can claim back VAT on petrol he was selling for 35p a litre, the cheapest price in Britain.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Fraudulent No Win, No Fee Lawyer Is Fined / Author: Carys Robshaw

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Court To Decide Fate For Accident Claims Fraudster

Posted on June 3rd, 2008 in Legal by shopubbblog

Court To Decide Fate For Accident Claims Fraudster

A conman has sued a council for thousands of pounds, claiming he had broken his ankle tripping on a pavement, when in actual fact the injury was caused during a game of football . The fraudster, David Cairns, received a £9,200 compensation payout from Wigan Council in Greater Manchester for his false accident claim. However now, after years have passed, his lies have been discovered and he could face a jail sentence.

The 44-year-old, of Stratton Drive, Platt Bridge, near Wigan, admitted perjury and obtaining a money transfer by deception when he appeared at Liverpool Crown Court. The court heard Cairns sued the local authority at Wigan County Court in December 2000, with allegations that he had broken his ankle tripping over a pavement in Tram Street, Platt Bridge.

His case was supported by his nephew, Anthony Purves, 31, of Dawlish Way, Golborne, who confirmed his story in court.

However Wigan Council remained suspicious about Cairns’ claim and carried out further investigations which eventually revealed he had in actuality broken his ankle playing football at Wigan’s JJB Soccerdome. Purves also appeared at Liverpool Crown Court and admitted perjury. Both men have been remanded on bail to await sentence on May 12.

A spokesman for Wigan council explained: “This case goes to show that if you are a fraudster you’re always going to be looking over your shoulder - even if you strike lucky first time around. Compensation claims cost real money. They hit council services and they hit the people that pay for those services through their council tax.This was an elaborate fraud and hopefully the pair of them will get the sentence they deserve come May.


“All compensation claims are subject to careful scrutiny by a former fraud investigator, with background checks to detect ‘serial slippers’ who trip all over the country and have a history of making claims. The council’s insurers carry out their own checks too.The amount of compensation awarded to Cairns was £9,200, but when you add in legal fees the cost to the council was nearer £30,000.

“Wherever we think a fraud has been committed we will not give up until we have established the truth, since we are dealing with considerable sums of council taxpayers’ money. Anyone making exaggerated or fraudulent claims can expect a rough ride. We won’t be a cash-cow for the conmen.”

Financial News provider Obudsman reported: ‘fraudulent and dishonest claims are a major problem for the insurance industry and fraud is alleged in a number of the cases we see. These can be difficult to assess. To establish that fraud has taken place, some concrete evidence of lies, inconsistent statements or acts of deception must be present. The fact that members of a firm’s staff are personally satisfied of the claimant’s bad faith is not sufficient proof of dishonesty.’

However, two of five Americans want little to no punishment for insurance cheats; blaming the insurance industry for its fraud problems because they believe insurers are unfair.

Considering the amount of bureaucracy involved in the processing of a claim, this is hardly surprising. Furthermore, six states still do not have specific insurance fraud laws, thus discouraging many prosecutors from tackling tough fraud cases. Courts are getting tougher on convicted schemers, but jail sentences continue to be light, with courts often reserving space in overcrowded prisons for people convicted of more violent crimes. Professional societies overseeing doctors and lawyers are often reluctant to discipline peers convicted of insurance fraud. There appears to be a lack of balance between the number and variety of insurance companies avidly seeking customers, and the legal’s system management of the recent increase.

Sofia is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

Court To Decide Fate For Accident Claims Fraudster / Author: Sofia Abasolo

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No Win No Fee Claims Used On Banks

Posted on June 3rd, 2008 in Legal by shopubbblog

No Win No Fee Claims Used On Banks

Various ‘no-win-no-fee’ companies exist offering their services to help customers reclaim unfair bank charges. They can charge as much as 30% commission for successful claims, taking a more than justified cut of your money.

Under the Unfair Terms in Consumer Contracts Regulations Act (1999), all penalty charges introduced by banks have to truly reflect the cost of administering them. This can also be understood as: banks cannot make a profit from customers who incur a penalty charge. However while a decision on the OFT case will no doubt go all the way to the House of Lords, that does not mean you shouldn’t try and get your money back. Before 2009, when a decision is expected, you ought to remember that you can only claim back six years of unfair penalty charges. This means the longer you wait the less money you can claim back.

The popular trick of ‘partial offers’ is often played by ‘no-win-no-fee’ companies. A partial offer is exactly what it says it is – a partial offer. So for example, if you are claiming for £1,000 in unfair charges, your bank may offer to pay out £600 in compensation. Before you accept any such offers you may receive, make sure you fully consider whether you want to pursue your claim to the bitter end and get full compensation, or settle for a partial offer.

The majority of banks will not want to go to court. The costs involved for taking every claimant to court far outweigh the cost of paying out compensation. What’s more, the publicity any court case would generate is likely to cause severe damage to a bank’s reputation and will do nothing for customer confidence. Also, a court case would bring the banks’ banking practises – including their profits and actual costs – under considerable scrutiny. Banks do not want their methods revealed. Therefore, court is not an option welcomed by banks.

Another thing to keep in mind when claiming back money from banks is that many have been known to close accounts after paying out compensation. It is therefore a good idea, to open a new current account before taking them to court. If you have an existing overdraft facility, it should not be too much of a problem to get a new agreement with another bank. Remember: banks hate nothing more than losing customers and the majority will bend over backwards to get new customers.

Once you have your full bank statements from your bank go through them all and work out a total figure for the charges you have incurred. Make a note of how much you were charged and when – it may be useful for future correspondence with your bank. Add up your total and remember to be exact to the penny – you are dealing with the law and financial institutions so precision is everything to avoid delay and make a successful claim.

Armed with your total figure of unfair charges you should write to your bank saying that you think the charges are unfair and ask for compensation. If you do not receive a response from the bank after 14 days or so, send another letter, outlining the same concerns as you expressed in the first letter, but this time threatening court action if you do not receive a response. If you still do not receive a response to your request from you bank then file for a court judgement. No bank has yet to go to court over this issue. As mentioned above, banks are very unwilling to go to court so this should not be an issue but it is good to be prepared.

Sofia is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

No Win No Fee Claims Used On Banks / Author: Sofia Abasolo

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