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Civil Liability – Negligence
Exercise 1.Read the text and answer the following questions:
1. What action is brought in the High Court?
2. What must the plaintiff prove in the Court?
3. What are the duties of a motorist?
4. Is a duty of care owed to unborn children?
5. What does «causation» imply?
6. What is the difference between driving recklessly and driving without care and attention?
7. What does the amount of compensation depend on?
The action which will be brought, normally in the High Court, is for negligence. In order to succeed the plaintiff must prove:
a) that a duty of care was owed by the defendant to the plaintiff;
b) breach of that duty;
c) damage of a foreseeable kind flowing from that breach of duty.
It is now settled that a motorist owes a duty of care to all other roads users in respect of damage to cars, other property such as luggage and also in respect of personal injuries, nervous shock or economic losses.
A motorist also owes a duty of care to close relatives of people when he or she injures, not to cause nervous shock even when those relatives are not present at the scene of the accident. Under the civil liability Act 1976 a duty of care is owed to unborn children. If an unborn child sustains injuries in a car accident, an action for compensation can be brought on his behalf against the person who caused this accident, even if that person was the child's mother. This situation is not as strange as it may seem, because it is often the case that a relative or friend of person injured in a motor accident is sued. It must be remembered that the insurance company not the individual at fault will usually pay the compensation.
Before damage can be awarded there must be shown to have been a breach of duty (i.e. failure to observe the standard of care of the reasonable person). The plaintiff must prove on the balance of probabilities that the defendant failed to act as a reasonable motorist in those circumstances would have acted. Any person carrying out a skilled activity must show the same standard of care as people experienced in that skill.
It is necessary for the plaintiff to prove that the damage or injury suffered is a result of the defendant's breach of duty. This is known as showing «causation». If causation is shown as a matter of fact, then it is necessary to show that the damage was not «too remote». This means that the damage must be of a kind which is reasonable foreseeable. For example, if a pedestrian is injured it is reasonable foreseeable that he or she will be unable to work for some time. The motorist - if liable - would therefore be liable for the injured person's lost earnings however rich or poor that person may be. Once negligence has been established, compensation can be assessed. Money damages are payable for a number of eventualities. In each case the amount awarded depends on the exact circumstances. Under the Fatal Accident Act 1976 relatives of people killed may claim damages for loss of a breadwinner.
Тext 4
Insurance
Exercise 1.Read and translate the text:
All motorists must have certain minimum insurance cover for passengers and third parties who might be injured. Many younger drivers find fully comprehensive insurance cover too expensive because persons under the age of 25 are regarded as a bad risk. As a result a number of drivers carry only driver, passenger and third party, fire and theft insurance cover. Under most policies the driver agrees to pay an excess - the first 50.
The full premium payable in any year may be reduced by up to 60 per cent by operation of the no-claims bonus, resulting in cheaper insurance for more careful drivers. Insurance companies have a rule that if claim is made under a policy and the motorist was to blame for the accident, then he or she will lose his or her no-claims bonus.
If the accident is not a serious one and it involves only damage to vehicles rather than personal injuries, insurance companies often deal with the matter on «a knock for knock» basis, each paying compensation to its own client where the motorists are both partly to blame for the accident. This means that each client will lose his or her no-claims bonus.
It must be remembered that very few civil cases concerning car accidents actually reach court. Most are settled between insurance companies long before trial according to practices and guidelines laid down over the years by insurance companies. If personal injuries are involved it may take some time to reach a settlement. Anyone suffering more than merely minimal injury is advised to see a solicitor who will need medical reports about the injury.
Exercise 2. Study the following recommendations and give your commentaries:
What to do if you have a motor accident:
1. Stop the vehicle, but say nothing to anyone that could amount to an admission of blame.
2. Call the police and make a note of the number of the police officer.
3. Take a note of the names and addresses of the other driver, witnesses and registration numbers. Give them any necessary information.
4. Obtain the insurance details of the other driver.
5. Write down witnesses' comments.
6. Note damage to vehicles and road positions and markings.
7. At home write a detailed account of what you think happened and report the accident to your insurance company. Write to tell the other motorists involved that you intend to make a claim.
8. A motor accident must be reported within 48 hours to the police if someone was injured and a motorist does not produce an insurance certificate or does not give his or her name and address to a person entitled to ask for it.