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The obligations of a public liability insurer

If you are injured in a motor vehicle accident or accident at work where liability for you claim is admitted, the relevant insurer is under an obligation to pay for your reasonable and necessary treatment expenses whilst your claim is ongoing.

But what happens when you are injured in other circumstances, for example a slip and fall at a supermarket? What are the insurer’s obligations whilst your claim is continuing?

Unfortunately, unless liability is admitted, the insurer is not obligated to pay for ongoing treatment expenses or loss of wages that you may incur as a result of your accident.

This is because in public liability cases (such as slip and falls at supermarkets) you must prove that the defendant was negligent. It is not enough that an accident simply occurred. It must be proved that the defendant owed a duty of care, that the duty of care was breached and that the breached caused you to suffer damage.

Of course, if your case is successful (either by way of an out of court settlement or an award of damages) then your treatment expenses will form part of your claim for out-of-pocket expenses, which can be claimed from the insurer at the conclusion of your matter.

It is therefore important to keep all tax invoices from your treatment providers and receipts from your pharmacy as evidence of the expenses you have incurred as a result of the accident.

In addition to your past out-of-pocket expenses, you may be entitled to claim for damages for your pain and suffering, past and future loss of wages, future treatment expenses and past and future care.

If you have been injured in an accident in which you believe someone else was at fault, you may be entitled to compensation. Our team of  lawyers will be able to give you expert advice on your rights as an injured person.  To arrange a free, no-obligation assessment of your claim, call Stacks Goudkamp on 1800 25 1800 or alternatively make an online enquiry.

2017-09-28T15:12:06+00:00 March 1st, 2017|