Personal injury insurance

If your insurance agent said this to you, would you know what it means Unless you work in insurance, you probably won t know what this means. PIP stands for Personal Injury Protection. It s the part of an insurance policy that pays when a person is injured in a car accident. 

The reverse would be that insurance and other financial institutions would require demonstration of higher safety performance as a prerequisite for financing or underwriting risks. For example, in order to operate, nuclear power plants in the United States must demonstrate sufficient financial assurance to satisfy liability claims of members of the public for personal injury and property damage in the event of a catastrophic nuclear accident. Such insurance is available through the American Nuclear Insurers, which evaluates plant performance against objectives, criteria, and guidelines developed in conjunction with the U.S. NRC and the Institute of Nuclear Power Operations. A plant must receive a favorable report from this review before it can be insured. 

In non-industry sponsored research there are no equivalent recommendations and often, therefore, no special provision will be made. In relation to the NHS, government policy is not in favour of insurance being taken out externally to respond to any personal injury claims (although there is an NHS scheme operating under which money can be borrowed from central funds and paid back over up to 10 years). 

To establish a case against the school (the teacher) it is necessary to show that a defendant (LEA/County Council) owed the plaintiff (injured party) a duty of care, that the duty had been breached, and that damage had resulted due to that breach. Personal injury does occur in circumstances where no one is legally at fault. In such cases compensation can only be obtained through specific insurance cover. Increasingly schools are encouraging parents to take out personal insurance to cover such eventualities. Teachers would also be wise to take out personal liability via union membership etc. 

In the accident group (330 cases), a major injury is any case that is reported to insurance carriers or to the state compensation commissioner. A minor injury is a scratch, bruise, or laceration such as is commonly termed a first-aid case. A no-injury accident is an unplanned event involving the movement of a person or an object, ray, or substance (slip, fall, flying object, inhalation, etc.), having the probability of causing personal injury or property damage. The great majority of reported or major injuries are not fatalities of fractures or dismemberments they are not all lost-time cases,... 

An incident wherein damage to or destruction of any property is the immediate and direct result. It does not include incidents resnlting in loss of human life or personal injury. Property Damage Liability Insurance... 

Following the decision in Young v. Bristol Aeroplane Company Limited [1944] 2 All ER 293 it became established that a workman was precluded from pursuing a claim at common law even where he did not know of his right to elect if he had in fact accepted weekly payments under the Workmen s Compensation scheme. The Workmen s Compensation insurance policies issued at that time indemnified the insured against his liability to pay compensation under the Workmen s Compensation Act, the Employer s Liability Act 1880 and the Factories Act 1846 or at common law in the event of personal injury to any employee arising out of and in the course of his employment. 

Various types of benefits are available under the State insurance schemes for industrial injuries and are payable in respect of any person who has suffered personal injury caused by an accident arising out of and in the course of his employment or where such person suffers from what is termed a prescribed disease with reference to certain industrial occupations which may give rise to that particular disease. The phrases accident and arising... 

The next stage is to assess the quantum of damage, in property damage cases often with the aid of loss adjustors and in personal injury cases with the assistance of medical experts. A medical examination will be arranged where the nature of the injury is sufficiently serious to warrant this expense and where possible an exchange of medical evidence with the plaintiff s advisers is undertaken. Once medical evidence has been clarified the insurer will commence negotiations with a view to agreement of any amount to be paid in settlement of the claim. 

Usually a criminal case is decided before a related civil hearing comes on. The Civil Evidence Act 1968 (1971 for N. Ireland) allows a conviction to be used in subsequent civil proceedings. The conviction and the intention to rely on it must be set out in the formal civil claim. If this happened with Hazards then it would be for the company to file a defence and to prove (on the balance of probabilities) that e conviction is irrelevant or was erroneous. Dispute resolution is encouraged. In civil personal injury claims, settlement rather than court trial is a likely outcome, under the guidance of insurers. 

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