It is quite common that following a motor vehicle accident there is damage to both the vehicle itself as well is the occupants. Therefore, a person may be entitled to bring a claim not only for damages for the personal injury sustained but also for the damage to the vehicle.
Generally those claims are pursued in different courts. They of course deal with the identical facts.
Care must be taken however in the prosecution of two different claims arising out of the same set of facts so as to ensure that there is no issue estoppel which can in any way adversely affect the personal injury proceedings. An issue estoppel arises when a decision has been given by one court on a set of facts as between the same parties which then is sought to be re-litigated in another court.
For example, if a claim is made for the value of repairs to a motor vehicle following an accident and the proceedings determined in the local court then the determination by the magistrate can be, arguably, binding upon any district court or supreme court judge by way of issue estoppel. That is, the general principle that facts in dispute between the same parties can only be determined once.
In the event that there are personal injury proceedings arising from a motor vehicle accident it is the generally held view that great care must be taken in the prosecution of any related property damage proceedings. For expert legal advice and representation in these matters contact Brydens Lawyers for a free no obligation consultation on 1800 848 848 or at email@example.com
For over 40 years Brydens Lawyers has successfully been prosecuting claims on behalf of injured persons for compensation as well as damage to their vehicles.
For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.