The good and bad

Q    SOME time ago I read in your column in answer to my problem that I should go and see a good Personal Injury Solicitor.

Could you please tell me how do I know a good one from a bad one when almost any Solicitor would take my case but not necessarily get me the same compensation?

A    I   SYMPATHISE with your dilemma. Until recently the majority of Legal Firms have been general practices i.e. they dealt mainly with conveyancing and probate matters.

They also provided other services such as company formation and client court cases both criminal and civil. Over the last few years the volume of work has increased generally resulting in a number of firms specialising in areas of work as opposed to general practice. My own firm for example is a Personal Injury Firm. It is very important that you make the right choice of Solicitor. Talk to your Solicitor. If you feel that you are comfortable  with him/her the feeling will probably be mutual. Give them a chance as they are very busy people.

THE STAR  Friday  January 5, 1990

Injured – but no belt

Q  LAST  Saturday week a drunken driver ran into the rear of my car causing a lot of damage to both me and the car.

My doctor has advised me that my injuries are primarily whiplash. Does the fact that I wasn’t wearing a seat belt alter my insurance claim in any way?

A    YOU are under a legal duty to wear your seat belt while driving a motor car.

The same duty rests with the front seat passenger. It is a criminal offence to drive without your seat belt fastened and so you are liable to prosecution.

This does not mean of course that in your particular circumstances the Gardai will deem it necessary to prosecute you. The Insurance Company against whom your action will lie i.e. who will be the Insurance Company indemnifying the drunken driver, will almost without exception treat your failure to wear your seat belt as a major contribution to the severity of your injuries. My view is that regardless of whether you wear wearing your seat belt or not, you would more than likely be suffering whiplash. Be prepared to have your damages reduced by a percentage.

THE STAR  Friday  January 5, 1990

Barred by Restaurant after fall

Q    SOME time ago I pursued a successful Insurance claim against a well-known Restaurant when I fell down their stairs due to their negligence.

Last week I returned to the same Restaurant with some guests and was told that I was not welcome. In fact I was told that they were unwilling to serve me. Does the Restaurant have a right to do this? This incident caused me a great deal of embarrassment.

A   UNFORTUNATELY the Restaurateur is quite within his rights in refusing to serve you.

He has the right to refuse admission and obviously in this case he decided that as you had sued him, he was unwilling to have you back again. This attitude of course is childish and not the view taken by the better establishments.

THE STAR   Friday  January 5, 1990