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Nightclub injury claim success

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If you are looking for experienced solicitors to deal with your nightclub injury claim then call our free helpline for a case assessment and details of no win, no fee funding.

A nightclub injury claim has been successful despite insurance shortfall

Our client made a nightclub injury claim after she slipped on drinks spillage at Sin City, a nightclub in Swansea, resulting in her suffering a broken ankle.

The club’s insurers initially denied liability for the accident, as is often the case with such claims. Nevertheless, after thorough investigation by our lawyers and some tough negotiation, the club eventually admitted they were at fault and agreed to pay a fair sum of compensation to our client for her injuries. However, it was then that the trouble really started. The nightclub had gone into liquidation and its insurers wanted to deduct the £1,000 excess on its policy from the amount of compensation they had agreed to pay to our client.

Usually, even if there is an insurance excess, this would not affect the claimant in a personal injury claim. In practice, the insurers would pay the full amount of compensation agreed and claim back the excess from their insured. Legally, the insurers are only obliged to indemnify their insured; ie. to stand in their shoes and pay any money on their behalf. It was therefore arguable that in this case, the insurers were only obliged to pay the net amount and the club would have to pay the excess, leaving our client £1,000 out of pocket and with no realistic chance of getting that money back from the liquidator of the club.

After some more hard bargaining, we managed to agree with the insurers that they would increase their overall offer to offset this unfairness to our client and guarantee her the full amount.

This particular problem is on the rise in claims where the defendant is a firm, a business or a limited company. As more businesses go bust, innocent injury claimants are suddenly left facing a shortfall on their rightful compensation, even when the defendant is covered by insurance.

For expert guidance on your nightclub injury claim call us now on 0333 888 0408 or email us at info@sbclaims.co.uk

Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.
Lee Dawkins

Lee Dawkins

Over the past 30 years Lee has overseen the expansion of the firm’s litigation department. He developed our personal injury and clinical negligence teams, creating various niche areas that now enjoy a national profile. He pioneered contentious probate, setting up one of the UK's leading inheritance dispute teams and established Slee Blackwell as a force within claimant professional negligence. He now works as the firm's marketing partner.

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