RTA claim in Donaghadee, Northern Ireland settles for £3,000

Neil McGranaghan

Boyd Rice Solicitors were instructed to act on behalf of Mrs O in relation to her personal injury claim. Our client instructed that she was the driver of a vehicle which was hit on the passenger side by a vehicle emerging from a side road on High Street, Donaghadee.

Our client was able to get out of her vehicle, she was in shock and not initially aware of pain. The Police and Ambulance Services were not required to attend the scene and insurance details were exchanged at the scene.

Our client suffered a soft tissue injury to her neck as a result of the road traffic collision. She did not attend hospital or her GP rather choosing to self-medicate with ice packs and anti-inflammatory medication. Thankfully she made a quick recovery.

An early admission of liability was obtained from the other driver’s insurer. Court proceedings were not required in this case and it resolved in our client’s favour in the sum of £3,000 plus costs.

Following the successful conclusion of her claim our client commented as follows;

“Fantastic service, was kept informed all the way. Neil was so helpful.”

Boyd Rice Solicitors have a  road traffic accident claims team who will ensure that you obtain maximum compensation for your injuries. If you have been involved in a road traffic accident and would like advice, please contact us by phone on 02891 817715 or by email claims@boydricesolicitors.com

Dermatitis claim in Northern Ireland settles for £9,000

Neil McGranaghan

Boyd Rice Solicitors were instructed to act on behalf of Mr B in relation to his industrial injury claim. Our client instructed that whilst working for a local industrial engineering and steel production company he was tasked to cleaning metal products using chemicals. He was not offered any personal protective equipment and as a result of his working conditions he developed a skin condition known as Dermatitis. He attended his GP who prescribed steroid cream.

Upon receipt of initial instructions, a letter of claim was sent to our client’s employers alleging that they had failed to provide him with a safe working environment and safety equipment.  An appointment was arranged with a Consultant Dermatologist who confirmed that our client had developed Dermatitis as a result of exposure to chemicals at work. The case eventually resolved without the need for our client to attend Court in the sum of £9,000.00 plus costs.

Following the successful conclusion of his claim our client commented as follows;

 

“Fast and professional service in the most compassionate way. I would highly recommended Boyd Rice Solicitors to all my friends and Family.”

 

If you have developed a skin condition such as dermatitis or eczema as a result of your working conditions, it is crucial that you obtain legal advice at the earliest possible opportunity. Please contact us by phone on 02891 817715 or by email claims@boydricesolicitors.com

 

Further information on Dermatitis can be found here;

https://www.nhs.uk/conditions/contact-dermatitis/

Road Traffic Accident Q’s and A’s

Neil McGranaghan

Are there any time limits on making a road traffic accident claim? 

 The time limit or limitation period is 3 years from the date of accident but we would advise beginning the claim at the earliest opportunity.

Does it make any difference if you have fully recovered physically? 

You can still make a claim if you are fully recovered but will still need to be examined by an independent medical expert.

It is always best to speak to us at the earliest possible opportunity so that we can gather a comprehensive overview of how your injuries have impacted your day-to-day routine. 

How do you support clients who are making a road traffic accident claim? 

We obtain and collate all the evidence required for the claim and can deal with your insurer so you don’t have to. Bringing a claim can be a complicated and stressful process. We support our clients by dealing with any stress that may arise during the claim either from gathering evidence, fighting a liability dispute and recovering any out of pocket expenses. This means our clients can focus on their recovery.

Can you arrange for repairs to be carried out to my vehicle?

Yes, we can arrange for the accident to be kept away from your insurance thus ensuring that your premium is unaffected by the accident.

How long will it take to resolve my claim? 

In a straightforward case, where liability is accepted by the Defendant and you recover from your injuries quickly, resolving your claim may only take a matter of months. In other cases, delays are caused by the need to fully explore a client’s injuries, evidence not being available immediately, witness availability or Court availability. Boyd Rice Solicitors have a long-standing reputation for progressing cases quickly and our average case takes 6-9 months to bring to conclusion.

Do you have to be the driver of a car to make a road traffic accident claim? 

No, any person in the vehicle at the time can make a claim for any injuries they may have sustained. You do not have to be a driver of a car to make a road traffic accident claim. It can also be made by other road users such as pedestrians, passengers, cyclists and bikers as they are all owed a duty of care by other road users.

A claim can also be made on behalf of a Claimant under the age of 18 by their litigation friend. This is normally their parent who takes over conduct of the claim on the minor’s behalf.

Are there different processes for different types of road traffic accident claims? 

The claim process depends on whether the Defendant is insured. In the vast majority of cases the third party is insured. A claim is progressed through their insurance company. If Court proceedings are issued the Insurance Company nominates a Solicitor to defend the claim on their behalf.

If the claim is pursued against an uninsured Defendant, it is usually dealt with by a Motor Insurers’ Bureau (MIB), which settles the matter in absence of an insurance company.

A similar scenario applies when the Defendant who caused the accident cannot be traced. The MIB would deal with such claim under an Untraced Drivers’ Agreement. It is important to note that such accident must always be reported to the police within 14 days.

There are also different processes for accidents abroad.

Can you act on my behalf if I have been involved in a road traffic accident abroad? 

Yes, as long as you reside in Northern Ireland we can progress the claim on your behalf under the provisions of Rome 2. These are complicated claims and we recommend that advice is sought at the earliest possible opportunity. If you have a road traffic accident abroad the limitation period is subject to the Law in that Country and on that basis you should speak to us right away. For further information please consult the accident abroad section of our website;

https://www.boydricesolicitors.com/personal-injury/accidents-abroad/

Explain the standard process of making a road traffic accident claim. 

We will take details in relation to the accident, your injuries and any ongoing symptoms

The first thing we will do after gathering the relevant information is notify the insurers of the claim and wait to see if they admit fault.

The next step is to arrange a medical examination with a medical expert (who specialises in the types of injuries that you are suffering from) in order to confirm injuries resulting from the accident. We will then consider your out of pocket expenses such as lost earnings and vehicle repairs. Once this has been done we will attempt to settle matters.

If liability is disputed by the third party insurer it may be necessary to issue Court proceedings to further your claim. In those circumstances the Court would timetable your matter culminating in a Hearing where you would be required to give evidence.

The other driver’s insurance company has contacted me following my accident and offered me money should I take it?

Without representation you would be up against an insurer who has a wealth of experience in defending claims and may offer you a sum which under compensates you. In our experience, you will receive a greater level of compensation by progressing your claim through us. 

How much is my case worth? 

The amount that you are awarded in respect of your injuries is based on a medical report outlining the extent of the injury caused. Compensation or “damages” will be paid for both physical and mental injury (both must be backed up by medical evidence). Damages are assessed on a case by case basis although with reference to previous awards in similar cases. Time off work, medical treatment and the impact of the injury on work, sport and hobbies will also be considered.

Out of pocket expenses that are reasonably incurred eg. The cost of private physiotherapy, your insurance excess or loss of earnings can all be recovered on your behalf.

Will I have to go to Court?

We will instigate Court proceedings on your behalf if the other driver disputes liability or if negotiations with the other driver’s insurer prove unsuccessful. If there are no liability issues your case is likely to resolve before the Court Hearing date meaning that you will not have to attend Court.

 

Road traffic accident at Six Road Ends roundabout, Bangor, Northern Ireland

Neil McGranaghan

Boyd Rice Solicitors were instructed to act on behalf of Mrs G in respect in relation to recovery of her insurance excess which she incurred following a road traffic accident at the above location in Bangor. Our client instructed that she was proceeding through the roundabout in the correct lane when another vehicle infringed on her lane and collided with her.

Our client had the benefit of fully comprehensive cover and her own insurance company arranged for repairs to be carried out to her vehicle. Unfortunately our client had to pay her insurance excess on the basis that the other driver disputed liability.

Court proceedings were issued against the at fault driver. The Solicitor appointed by the Defendant’s insurance company suggested that the case could be resolved on a split liability basis given the lack of independent evidence ie. The case was essentially “one driver’s word against the other”. Our client was adamant that the accident was the other driver’s fault and that offer was rejected. The case resolved at the door of the Court with the other driver changing their stance on liability by accepting that the accident was indeed their own fault. Our client, despite being frustrated that it took until the door of the Court for the other driver to see sense, was happy that justice had eventually been served and sent us a lovely email as follows;

Hi Neil,

Just want to say a huge thank you for taking my case and for the outcome. Finally feels great knowing it’s now over and done with and someone actually listened to me when I tried proving a point. You were amazing and your services were fantastic. Thank you so so much!

Best wishes

Our client will recover her insurance excess and also her legal costs will be paid by the Defendant’s insurance company.

If you have been involved in an accident on a roundabout and would like advice please contact us by phone on 02891 817715 or by email claims@boydricesolicitors.com

Car accident claims solicitor

Pedestrian accident in Donaghadee claim settles for £60,000

Neil McGranaghan

Boyd Rice Solicitors were instructed to act on behalf of Mr K in relation to his injury claim arising from a road traffic accident on Northfield Road, Donaghadee. Our client instructed that on the date of the incident he was struck by a moving car whilst crossing the road. The car hit his left foot, causing him to fall and land on his left elbow and chest.

Our client was initially treated at the scene before being transferred to the Emergency Department of the Ulster Hospital. He suffered a fracture of the ankle and metatarsal (foot) and had a short leg plaster cast applied. Our client was admitted into hospital and some two weeks later underwent surgery of his ankle before being discharged from hospital to a care home.

Our client suffered very serious injuries as a result of the incident and it was therefore important that a clear understanding of the extent of the injury was obtained via various examinations with medical experts. The medical experts reviewed all medical notes records commented upon his long term prognosis. In addition, the surgery had left a considerable scar and a Consultant Plastic Surgeon was instructed to comment on the scarring.

Upon receipt of the medical reports outlining the extent of the ankle injuries and High Court proceedings were issued on behalf of Mr K. Before we could request a date for Hearing the Solicitor acting on behalf of the Defendant’s insurance company invited us to a joint consultation as a result of which the case settled in the sum of £60,000.00 plus costs.

Following the successful conclusion of his claim our client commented as follows;

 

“My case ran very smoothly and my Solicitor, Neil McGranaghan was very helpful. He kept me informed throughout the process. I have used Boyd Rice Solicitors in the past and would have no hesitation in recommending their services to others.”

 

If you have been involved in a serious accident as a pedestrian it is crucial that you obtain legal advice at the earliest possible opportunity. Please contact us by phone on 02891 817715 or by email claims@boydricesolicitors.com

conveyancing law solicitors

The Conveyancing Process – Selling your Home in Northern Ireland

Ben Wall

Part Two of our Guide to Conveyancing Focuses on Home Sellers

This is the second part to our guide to the conveyancing process. The first part can be read here. This part focuses on those selling their property.

Picking a Solicitor

It is best to appoint a solicitor before a bid is accepted on your property. This allows for the solicitor to make preparations in advance. If you currently have a mortgage on your property they will need to obtain your title deeds from your mortgage company. The time taken before the deeds are received from the mortgage company has increased significantly over time. This is due to various factors including bank job cuts resulting from the financial collapse and increasingly the mortgage lender will have sent the deeds to a third-party storage provider to hold them on their behalf. A wait of a month is not uncommon.

Once you have accepted an offer on your property your estate agent will ask you for the name of your solicitor.

Initial Engagement

When you have selected a solicitor and notified the estate agent, the agent will send a Memorandum of Sale to your solicitor. This will provide the solicitor with confirmation of the following items; the full address of the property, the name of the purchaser, the purchaser’s solicitor, the purchase price and any other conditions that have been stipulated.
Your solicitor will send you a letter of engagement with terms to accept and return. Your solicitor will ask for copy identification and proof of address to comply with their regulatory obligations.

Title Deeds, Certificates and Searches

The onus is on your solicitor to provide certain documentation to the purchaser’s solicitor. The most obvious of which is the title documentation (deeds) relating to the property to be sold. If these weren’t requested in advance from your mortgage company, as outlined above, they will have to be now. This is a frequent source of delay. If you are using your regular solicitor, and you have no mortgage on your property, then it is likely that your solicitor will already hold your title deeds. This should speed matters up.

Along with the deeds your solicitor will send a draft contract, which will incorporate the Law Society’s General Conditions of Sale, and any special conditions deemed relevant at that time.

Your solicitor is obliged to obtain two property certificates. One is sought from the local council and one from the DOE. The wait times are two to three weeks typically. Solicitors are increasingly encouraged to order these as soon as possible in the process to avoid delay later. However many solicitors still have a practice of not ordering these until they have received the deeds from the mortgage company or the purchaser’s solicitor has confirmed that a mortgage offer has been made. Depending on the contents of the DOE property certificate your solicitor may need to order a NI Water map to demonstrate the location of any sewers traversing the property. It takes a couple of days for this to come in.

Your solicitor is obliged to obtain Bankruptcy and Enforcement of Judgment Office Searches against you. This will inform the purchaser’s solicitor of whether there may be any restrictions on you selling the property.

Another necessary search is in the Statutory Charges Register. This search is against the property rather than you and may indicate issues regarding planning, sewerage, roads, etc.

The purchaser’s solicitor will assess all these documents and discuss them with the purchaser. Some issues may be raised and your solicitor will have to try deal with these as best as possible.

Replies to Pre-Contract Enquiries and Fixtures and Fittings List

This is a key document. Completed by you and your solicitor, it is a questionnaire which covers almost every conceivable aspect of the property. Depending on the answers the purchaser’s solicitor may have to enquire further before he/she can be satisfied that they can advise their client to purchase the property. The most common issues that arise are around planning permission and building control. If you have carried out any work without seeking consent then your solicitor will help you obtain retrospective consent. If the property is leasehold you should provide a copy of the up to date ground rent receipt to your solicitor. If you do not have one you should contact the ground rent holder to check the balance and discharge this prior to completion. The receipt can then be provided to the purchaser’s solicitor. If the property is serviced by gas then you should obtain a gas safety certificate from within the twelve months prior to the sale of the property.

Mortgage Application and Surveys

Whilst this exchange of documentation is ongoing the purchaser will be securing his/her mortgage offer. Their mortgage company will send a valuer to your property to assess whether it is worth the money that has been agreed. The purchaser also has the option to obtain a survey of the property. This survey will be a comprehensive review of the condition of the property. It will flag up any issues which the average layman may not be able to spot. These surveys are often used in negotiating a reduction in the sale price.

Contract

The time between the signing of the contract and completion has shortened over the years. There is no need to get too concerned if you are completing in a week and the contracts have not yet been signed, just speak to your solicitor.
The purchaser signs the contract first. It is then sent to your solicitor. You will sign it and once it is returned to the purchaser’s solicitor the contract is formed and binding. In practical terms, this is the point of no return. If you try to back out after this point the purchaser has options such as utilising the courts to ensure the contract goes ahead.

If there are matters outstanding and time is of the essence then the contract may be signed subject to special conditions.
At the same time the purchaser’s solicitor sends the contract to your solicitor he/she will send a draft deed. This is the document that will formally transfer the legal interest in the property from you to the purchaser. You will sign this prior to completion and your solicitor will send it to the purchaser’s solicitor after completion.

Completion

In the run up to completion your solicitor will confirm with your mortgage company the exact amount needed to redeem your mortgage.

Depending on the contract the purchaser’s solicitor will either send a cheque for the purchase price to arrive on the completion date, or they will send a bank transfer on the day itself. Once this has been received your solicitor will contact the estate agent to inform them that they may give the purchaser the keys.

Your solicitor will subsequently send the transfer deed to the purchaser’s solicitor. Your solicitor will pay the redemption money required to your mortgage company who will then send a “sealed vacate” to your solicitor. This sealed vacate is usually forwarded, along with the required fee, to the purchaser’s solicitor. The purchaser’s solicitor submits the transfer deed and the sealed vacate for registration and ownership of the property is transferred to the purchaser.

Your solicitor will draft up a cash statement for you showing the expenses and also the balance funds that are due to you which they will transfer to you by cheque or by bank transfer.

If you would like advice in relation to buying and/or selling property please give us a call on 02891 817715 or contact our property team by email at property@boydricesolicitors.com.