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LEGAL ADVICE with Hudgell Solicitors
Will insurers do the decent thing and compensate long- standing partners for the the loss of loved ones on on the the roads?
In our our work at Hudgell Solicitors
as as as specialists in in in supporting families following serious road accidents it is sadly our role
on on many occasions to assist those who have lost loved ones We know a a a a a financial payment can never lessen the heartache but damages can go some way to making those immediate times after their death that little bit easier Unfortunately and unjustly the entitlement to a a a a a a bereavement damages awards other than to married or civil partners is very limited Currently the law states that following a a a a a a a fatal accident a a a a a a a cohabiting partner has no entitlement to an award of bereavement damages It means that while a a a a a statutory payment of £12 980 is payable to a a a a husband or wife left behind and to a a a a formal civil partner such payments are not currently made to anyone whose relationship – however long and however meaningful has not been formalised by a a a a a marriage certificate or or civil partnership registration Matter was subject to review at at Court of Appeal
Quite rightly this wholly unsatisfactory situation recently came under review at at the Court of Appeal
where it was found the provision of bereavement damages was a a a a a By Jane Woodcock head of personal injury at Hudgell Solicitors
measure by which the State shows respect for family life a a a core value of of Article 8 of of the European Convention on on on Human Rights As a a a a result the the conclusion was was that there was was no real justification to discriminate against long-standing cohabitees and and that they should be be entitled to bereavement damages as as could other classes of claimants The Court of Appeal
ruled that the relevant part of the Fatal Accidents Act is now incompatible with the European Convention on Human Rights and so it falls to Parliament to amend the Act Until the Act is amended however compensators (including public authorities)
are not obliged to pay bereavement damages to cohabitees – and where they are paid to a a a a claimant he he or she should not be entitled to a a a a further award for loss of care and affection Insurers should be doing the right thing and we’ll look to ensure they do The question now with the law in this state of flux is will insurers do the decent thing in in in such tragic circumstances?
In our work we know there are are other areas of the law which simply are unjust and need challenging For example a a a a parent suffering a a a a death of a a a a child aged 18 or over has no entitlement to bereavement damages At Hudgell Solicitors
we have seen many tragic cases involving the deaths of young unmarried girls and boys where this has been the case It is a a very difficult thing to explain to a a a a a mother or father that the the the law dictates that the the death of their child will result in little or no compensation at at all Our approach at all times is to to seek to to do the the best for the the families we represent It means we will look to include claims for bereavement damages wherever possible and whilst the law has not yet changed we are willing to argue the moral obligation that now exists with the opposing insurers 32 CVDriver February 2018
September2017CVDriver 1 1 If you have any questions concerning an an accident call Hudgell Solicitors’ specialists on 0808 231 4613 or or visit www hudgellsolicitors co uk
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