Tag: steps to making a claim

Can I recover the cost of my car damage prior to settlement of my claim?

This question frequently arises in road traffic accident cases. Can I recover the cost of my car damage prior to settlement of my injury claim?

The answer is that just one claim can be brought by a claimant in respect of the accident. Therefore it is not possible to bring a separate claim for car damage, both claims must be brought together. However Gary Matthews Solicitors will always encourage Insurance companies to settle the “material damage” (car damage) claim separately in the early stages and frequently insurers are willing to do so.

Refusal to do so may result in further costs having to be paid by the Insurers for the additional inconvenience caused to the claimant as well as car-hire expenses and possible bank interest if a loan is taken out to cover the cost of repairs or a replacement car. It is also worth noting that insurers must also pay a figure for “depreciation” to a car which has been involved in a collision.

At Gary Matthews Solicitors, as personal injury law specialists, we have been helping our clients claim for road accidents, If you have been in a road traffic accident where you suffered personal injury you may be entitled to claim. We’ll sit down with you and explain all your options as well as the likely outcome.

If you have been involved in a car accident,

Click on this link http://www.touchcall.co/0035319036250/ to call the office to arrange a consultation OR

Complete our Call Back Request Form below & a member of our team will get back to you.

We put you, the client first.

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Take the first steps towards making a claim for your injuries

Your first step in the process is obtaining Legal Advice from our expert legal team.

Begin our 3 step Check:
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What to do if you have had a car accident.

If you are in involved in accident, be it that a third party driver runs into and hits you or if you have the unfortunate mishap of crashing into another vehicle, then here are the necessary steps which should be taken immediately after the accident:

Stay at the Scene

The cardinal rule for all car accidents is that you should never leave the scene until it is appropriate to do so. If you leave the scene of an accident, particularly where someone has sustained injuries or was killed, you can face serious criminal penalties for being a “hit-and-run” driver.

Check on All Drivers and Passengers

Before assessing the damage, check to make sure that everyone else involved in the accident is okay. Get medical attention for anyone who may need it. If a person is unconscious or complains of neck or back pain, it is best not to move them until qualified medical personnel arrive. In some situations and through your own evaluation of the situation you may feel that you have no choice but to move them. If you are in that type of situation, try to move them as steadily and slowly as possible while supporting their back and neck.

Call the Gardai

Especially if the accident involves significant property damage, physical injury, or death, you must call the Gardai. If and when the Gardai arrive, ensure to obtain the Guards name and badge number together with details of their respective Station. The Gardai may contact you after the accident for the purposes of providing a statement and it is imperative that you furnish them with full details and always ensure to tell the truth.

Exchange Information

Talk to the drivers of all other vehicles involved in the accident. Get their names, phone numbers, addresses, drivers’ license numbers, license plate numbers, and basic insurance information. If there are passengers in any of the vehicles, obtain their names, telephone numbers, and addresses as well.

Talk to Witnesses

Ask every witness what he or she saw. Get their names, telephone numbers or addresses, if possible.

Inform Your Insurance Company

As soon as possible, tell your insurance company that you have been involved in an accident. Ensure to tell the truth about what happened and confirm details of your injuries.

Take Pictures

Take photographs of the vehicles involved in the accident, if at all possible. If you do not have a camera with you then ensure to take photographs of any damage to your vehicle as soon as possible after the accident. It may also be useful to draw a sketch of the positioning of the vehicle on the road at the time of the accident.

Keep Track of Your Medical Treatment

Note any doctors, specialists, physiotherapists or any other medical professionals that you receive treatment from and ensure to note the dates you attended them on. If you or a loved one are involved in a personal injury case, following are some “do’s and don’ts” to help you protect your right to a legal remedy for harm suffered.

The Do’s

  • DO seek medical attention before doing anything else.
  • DO summon the Gardai.
  • DO cooperate with all law enforcement and emergency personnel who respond to the scene.
  • DO get the license plate numbers of all other vehicles involved in car accidents and the drivers’ names, addresses, telephone numbers, and insurance information.
  • DO write down the names, addresses, and phone numbers of all potential witnesses to an accident.
  • DO ensure to contact your insurance company.
  • DO take photographs of all of the following, as applicable, as soon as possible after the accident: The scene of the accident, from all angles. The surrounding area. The product or animal that caused your injuries. Your injuries. Any property damage.
  • DO contact your Solicitors.

The Dont’s

  • DON’T move your vehicle after the car crash unless necessary for safety.
  • DON’T subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.
  • DON’T leave the scene of a road traffic accident until the police tell you it is okay to do so.
  • DON’T agree to settlement terms without contacting your attorney.

For further information or specialist legal advice get in touch.

You can call the office for a no obligation enquiry by clicking here. 

You can also complete our no obligation online enquiry form located on the right hand side.

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We can help you recover your lost deposit on Spanish Property Investments

An estimated 20,000 Irish investors could be eligible for a refund from uncompleted property developments following a ruling by the Spanish Supreme Court that banks are liable to repay deposits.

On December 21, 2015, the court upheld an earlier finding that investors who put down deposits on unfinished off-plan developments were entitled to have their payment protected by a Spanish bank guarantee. Judges held the developers and financial institutions were “jointly and severally liable” for the lost investments.

Investors were entitled to avail of the guarantee whether or not they requested one, and whether or not the developer provided one, the court said. They may even be entitled to a reimbursement with interest if the build was not completed to the terms of a written agreement. Spanish financial institutions have failed in a legal bid to overturn the ruling.

It is estimated that thousands of Irish buyers could reclaim lost investments. The Supreme Court said the banks had a duty of care at the time and they should have been issued with guarantees. The court has held that when you put money in an account, the banks were supposed to protect that money. They weren’t supposed to access it unless the developer got as far as giving you a deed of sale signing over the ownership of the property. Banks didn’t do either of these things.

Typically buyers in Spain would pay deposits of up to 50% of the value of the property.
For buyers to take a case they must have a legal document proving the transfer of funds between themselves and the developer. Investments within the past 15 years are covered by the court ruling. It is estimated that cases could take up to 18 months to be resolved.

We can represent you to take such a case and arrange Spanish legal representation for you. Many Spanish lawyers will agree a splitting arrangement with you whereby they will take a percentage of the monies recovered rather than simply asking for fee whether you win or lose.

If you have lost money on a failed property development in Spain and would like advice today on how to get your money back from the banks, then simply

Click on this link here to call the office for a no obligation enquiry and speak directly to Mr Matthews.  

Complete our no obligation online enquiry form  by clicking this link www.gary.ie 

 

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