in insurance opinion daughter was contributorily negligent

#1 2009-04-10 12:28:31
Zibii

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2009-04-10

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in insurance opinion daughter was contributorily negligent

My 16-year-old daughter was in an accident and the accident report says the other driver was at fault. However, her insurance company AIG now claims that my daughter was contributorily negligent and they won't pay for her soft tissue injuries. What should we do?

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#2 2009-04-21 12:44:08
helper1

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2009-04-21

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Since the accident stipulates that another driver was fault your dauhter can claim compensation from his insurance. What arguments presents her insurance refusing compensation. if nothing is of use, ask for help a solicitors.

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#3 2009-08-06 14:51:51
johnmoore

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2009-08-06

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i think youv'e caught the wrong end of the stick, contributory negligence means that your daugther is held responsbile for an apportionment of her injuries this is more commonly as a result of her not wearing her seatbelt and can result in deductions of any compensation awarded by upto 25% however does not mean she cannot pursue a claim for her soft tissue injuries.

This argument is commonly used with insurance companies to help negotiate lower compensation figures with solicitors however if your solicitor has a good medico-legal expert they will be able to comment on the likeliness of the injuries occuring should you daugther had of been wearing her seatbelt.

if the expert comments to say that her seatbelt would have caused more injuries then she will receive the compensation without any deductions.

hope this makes sense.

John

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