You and the Law – 19th January 2010

Paying for an injury

I was in an accident involving a bus five months ago.  I am claiming compensation, but I’ve now been asked to find the money to see a consultant.  Can’t the hospital that treated me provide the information the other side require?  LH

 The information you need isn’t simply confirmation of the nature of the injuries you received in the accident.  You now need an assessment of your current state of health, and if you are still recovering, a prognosis for your full recovery.

The NHS will not provide this free, but assuming you are successful in your compensation claim the cost of the consultation will be met by the other side.

I take it you have taken legal advice; if not see a solicitor specialising in personal injury claims immediately.

Double loss

My husband died suddenly at the age of 40.  We had been married five years.  On looking through his papers I found a life insurance policy for about £9,000, but he’d taken it out before we met and had written the policy in trust so that his then girl friend would benefit on his death.

Now the insurance company says it must pay the money to her, even though my husband hadn’t seen her for years and left me in considerable debt after the funeral.  DF

It depends who the policy was taken out with.  If it was with a Friendly Society then (under Schedule 9 of the Friendly Societies Act 1992) a nomination is revoked on marriage.  So the money would be paid into your husband’s estate, rather than to the person nominated on the policy.

If on the other hand the policy is with a non-mutual insurance company and the policy was written in trust to the girlfriend, the trustees will have to pay out to her.  Show the document to a solicitor with expertise in these matters.

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