As a driver, am I always liable for accidents involving vulnerable road users? Can my insurer recover from me the compensation it paid to a victim after an accident involving alcohol or drugs? My dog kills my neighbour’s chickens. Am I always liable?
The purpose of liability law is to repair or compensate damage that has been suffered. The field of “liability and insurance” affects everyone, because each of us encounters it at least once in our lives, whether as a child, an adolescent, an adult or an older person. Everyone will at some point be a victim of damage or bear responsibility for it.
Adlex lawyers & mediators has numerous highly experienced experts in this field who provide clear answers to questions such as:
- I have had an accident at work. How is this handled by my employer and the occupational accident insurer? What damage will I be compensated for?
- I am involved in a road traffic accident on my way to or from work, either as a driver or as a passenger. Am I entitled to compensation beyond or different from what is paid under occupational accident insurance?
- How are my physical injuries assessed? How do I obtain a court-appointed medical expert? Who pays the expert and does this always have to go through the courts?
- My young or minor child gets into mischief or causes serious damage to someone else. Am I liable as a parent? When am I not? Will my insurer intervene?
- Can my insurer terminate my insurance policies? Can I terminate them, and when?
- I was involved in a road traffic accident under the influence of drugs or alcohol. What can I do to prepare my defence before the court, and can my insurer always recover from me the amounts it paid to the victims?
- I received an official report for speeding or another traffic offence. How should I deal with it? Do I have to respond, and if so, how? What if the vehicle is registered in the name of my company?
- My personal accident insurer or guaranteed income insurer no longer recognises my incapacity for work. Do I have to agree to an amicable medical examination, or am I entitled to a court-ordered medical examination?
- As the victim of a traffic or other accident, I have suffered serious physical injuries. Am I entitled to an advance payment on my compensation, and how is that compensation calculated? Can I reserve my rights for the future if my injuries worsen? Will my legal expenses insurer pay the fees of my lawyer and my medical adviser who assists me during an amicable or court-ordered medical examination?
- I am the victim of medical malpractice. If the doctor is liable, am I entitled to compensation from the doctor’s insurer and from the Fund for Medical Accidents? Or is my bodily injury the result of a medical accident without liability, and am I then entitled to compensation from the Fund for Medical Accidents? Will my family insurer with legal expenses cover pay the fees of my lawyer and medical adviser? Will my health insurance fund pay those fees?
- I am the victim of intentional assault and battery. Am I entitled to compensation from the Fund for Victims of Intentional Acts of Violence?
- My comprehensive motor insurer disputes the theft of my vehicle and refuses to compensate me. Who must prove the theft? Is my report of the theft not sufficient?
- My car or bicycle is damaged by a poor road surface, a pothole or obstacle, or by roadworks. Who is liable: the municipality or the contractor?
- I slip in a supermarket and am unable to work for several months. Does the supermarket have to compensate me?
Wherever possible, Adlex lawyers & mediators pursues an amicable settlement or mediation. This is a very viable route for disputes between individuals.
When insurance issues are involved, however, it is better to err on the side of caution and seek assistance from our experts, including when entering into important contracts. For what amount should I insure myself? What happens if the insurer refuses to compensate the victim? As a potential victim, do I have sufficient legal expenses cover to recover my losses from the party responsible?
