Legal Question in Personal Injury in United Kingdom
Valid Claim
Whilst in a Pub in UK the radiator detatched from the wall and fell on my foot. My subsequent claim has been declared valid by the Insurers but because the owner/landlord has now moved away he refuses or cannot pay the first �5000 of the claim, as stipulated in the insurance policy, The policy is being declared null & void with the insurers refusing to honour the policy and pay any compensation. Surely there is official recourse against this possibility, with an official body dealing with uninsured losses making sure that the innocent injured party, me, does not lose out any more than I have already. Both injury, medical bills and legal fees have been extensive to date. Is there any way I can ensure that the claim is met if the defendant is proved not to have any assets and can therefore not pay the 'excess' �5000?
1 Answer from Attorneys
Re: Valid Claim
You must remember that your claim is against the landlord and not his insurers. It is therefore open to you to bring an action against him which from what you say would be indefensible. The problem is enforcing the judgment obtained if he is indeed without funds. It must therefore be necessary for you to consider joining the insurers in the action. We will be happy to consider whether this can be done and to advise further on receiving further information and instructions in the matter.
Andrew Dutton
www.legal-zone.co.uk
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