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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Back in 2012 whilst my wife was heavily pregnant and working

Customer Question

Hi, back in 2012 whilst my wife was heavily pregnant and working for a local authority she walked around the corner at the same time as an elderly lady, the lady wasn't looking where she was going and bumped into my wife which resulted in her falling to the ground, the extent of her injuries i am presently u sure of.
At ghe time the injured party agreed that it was a 50/50 accident and details were swapped, since then a neighbour of the injured party (a solicitor ) has suggested that she persue a personal i jury claim.
My wife left the council about a year later and took them to tribunal on an unrelated matter, then 2 weeks ago she was contacted by the council, stating that the insurance company are now saying that she was not insured on that day, although she was only in Dartmouth (the scene of the accident conducting council business, my wife is an environmental health officer that was inspecting food businesses in dartmouth on the day in question.what would be the correct thing for her to do now? Its left my wife feeling very unsure of her position and she is only just recovering from a bout of depression, any advice you could offer would be greatly appreciated. Thanks for taking the time to read this, steve le-milliere
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying the ex employer says she was not covered by employer's liability insurance on that day?
Customer: replied 2 years ago.
Yes, the insurance company have instructed the ex employer, that this is the case
Customer: replied 2 years ago.
Though she has saved email s from her manager from around this time that states that she was covered by the council's liability insurance, how can they be selective retrospectively about what days she was and wasn't covered
Expert:  Jenny replied 2 years ago.
Was she an employee on that date and was she working at the time she had the accident?
Customer: replied 2 years ago.
Yes, though she was walking between premises, though surely as her job is not officed based but out on district she is covered at all times, sometimes she has to inspect premises throughout a 24hr period and would have to give an itinerary of her movements if working out of office hours
Expert:  Jenny replied 2 years ago.
I am a bit puzzled by this as a local authority employer will be perfectly aware that employer's liability insurance is compulsory under the Employers' Liability (compulsory) insurance Act 1969.
They therefore should have had cover in place.
If the insurer is disputing this then this is an issue between the employer and the insurer. Your wife should have the benefit of the insurance cover either way.
I would suggest you write to the employer to ask them to explain the situation and to clarify that your wife will have the benefit of the compulsory cover.
If you have any further questions please ask.If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
Thankyou, your answer pretty much confirms what we thought, though i would like to discuss it further with my wife to ensure i have supplied you with all the facts. And a big thank you for your quick response. Is there an insurance ombudsman that we could dicuss this further with, if its the insurance company persist with their refusal to insure
Expert:  Jenny replied 2 years ago.
Yes there is an insurance ombudsman, the financial services ombudsman deals with insurance matters http://www.financial-ombudsman.org.uk/
I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. I will be happy to answer your follow on questions.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thankyou for your advice, a judge has now ruled, that the council and their insurance company are liable as she was undertaking her duties for the council, when the accident happened, i wondered, is it ok that my wife only heard about the outcome of the case and was not given the opportunity to give her side, what if the judge had ruled the other way?