personal injury claim

marzic

my brother was in a crash recently where the other party was at fault, he had injuries incl broken wrist, sprained ancle and neck and back pain. The other party's insurance is paying him for his car but have suggested that there is evidence in the car that he may not have been wearing his seatbelt (presumably to imply that his injuries resulted for this reason). He is not sure if he was (he was knocked out), but a med report says that he was wearing it, altho he is not sure if this is because they asked him if he was. Anyway, my query is: would this absolve the insurance company of paying for personal injury? should my bro hire an engineer to be able to counter their claim? The impact was to the side of his car, but it then ran into a tree. The airbags went off.

McCrack

I would strongly strongly advise your brother to contact a solicitor, ask him not to engage with the insurance company himself but through a solicitor.
Any medical or other experts required will be sought via the solicitor.

To answer your Q re the seatbelt, not wearing one will not absolve the wrong-doer from liability but damages (money) assessed will take account of this and the amount awarded will be lower, it's what known as contributory negligence ie not wearing a belt contributed to the injuries sustained.

Maximilian

Please read the Charter. Legal advice cannot be sought here.

Thread closed.