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No fault accident

My wife and 10 year old daughter were in a car accident through no fault of their own. Are they entitled to compensation?

I was very sorry to read of this listener’s question because I have practised law for 35 years and I know of the trauma and terrible suffering resulting from a car accident, particularly if it is not through the fault of the injured parties.   Insurance companies can be very difficult even in a case where there is no legal responsibility on the victims and they may be entitled to compensation.   

 

The law however says that there must be fault on the other party or parties to the accident before a claim for negligence and compensation can be brought.   The fact that an injured party is not at fault themselves does not automatically entitle them to compensation but in most cases in does. 

 

This listener should see their solicitor about the case and most law firms dealing with Personal Injury Claims where a claim is likely to be successful may offer a “no win no fee” agreement.   This should be discussed at the first consultation.   

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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