Imagine you are driving down a busy Lagos street and another driver comes speeding and driving recklessly and crashes into your car. You break your leg and are taken to hospital.
“You spend millions of naira on treatment, you cannot work for months and you struggle to take care of your family. Eventually, when you go to the driver to collect your money, he will say to you, ‘Oga, I no get money. “Lead me wherever you will!”
Unfortunately, this is a common situation in Nigeria. Some people cause serious accidents and then walk away, leaving the injured person to deal with hospital bills, lost income and sometimes permanent disability.
But if someone refuses to pay, does that mean you’ve lost your right to compensation? The answer is no.
In my previous articles, I explained how personal injury claims work, the importance of third party motor insurance and what an injured person should do after an accident. This week we are going to talk about what happens if the person responsible refuses to accept liability or pay compensation.
First and foremost, you need to get it into your head that a personal injury claim is not a favour you are asking of the person who caused the injury. The law may require a person who injures another by being careless to pay for the injury.
If a driver runs a red light, hits another vehicle and causes serious injury, the injured party may have a claim against the driver.
The same principle applies outside of road accidents. Picture a factory worker who is badly injured because the employer does not provide adequate safety equipment. Or someone who slips and falls because a business owner carelessly fails to fix a dangerous condition.
Depending on the circumstances, the injured person may be entitled to claim compensation.
However, not every accident will automatically result in compensation. You have to show that someone was legally responsible for your injury. So what do you do when that person refuses to pay?
Step one: Gather your evidence and preserve it. Keep your hospital records, medical reports, receipts, photographs and any information that shows how the accident happened. If you couldn’t work, maintain proof of your earnings and lost income.
Witness evidence where witnesses have seen what happened may also be useful. Next, you would want to speak with a personal injury lawyer. Many Nigerians believe that the next step after getting a lawyer is to start fighting in court. That is not necessarily so.
A lawyer will often investigate what happened and send a formal letter to the person responsible.
This is often called a letter of demand. The letter explains what happened, why the person is considered responsible, the losses incurred and the compensation being sought. Sometimes, a letter from a lawyer is enough to get someone to take the matter seriously.
They could reply, take responsibility or agree to negotiate a settlement. Where an insurance company is involved, the lawyer also may contact the insurer and pursue the appropriate claim. That is why it is important to find out if the person responsible is insured.
For instance, if there is an accident on the road involving an insured vehicle, the third-party motor insurance of the driver may cover the injuries sustained by another person.
There may also be grounds for a personal pursuit of the person responsible where the insurance does not fully meet the loss recoverable at law.
But what if the driver ignores the lawyer’s letter? What if he says, “I will not pay a kobo”?
At this stage, the injured person may be thinking of taking the matter to court. Lawsuits are where a judge looks at the evidence and determines if the person being sued was legally responsible for the injury.
The court considers what has happened, the evidence before it, the severity of the injury and the losses proved. For example, if you spent ₦3 million on medical treatment you should be able to provide proof of the expenses. If you say you lost six months’ salary, you need to have documents backing up your earnings and your inability to work.
Depending on the circumstances, compensation may also be awarded for pain and suffering, future medical treatment, rehabilitation and other losses. But remember that just reaching the court doesn’t guarantee victory. You have to plead your case.
Another big question people have is, “What if I win in court and they still won’t pay?” A court judgement is not a piece of paper. The law in Nigeria lays down procedures for the enforcement of judgements which, where appropriate under the law, may include the taking of steps against certain assets or monies of the person who owes the judgement debt.
But if the person has no found assets or income, it can still be hard to recover money. That is why a lawyer should consider the realistic prospects of recovery before advising a client to spend money on litigation. And then there’s the time issue.
Don’t wait years before getting legal advice. There are legal time limits for personal injury claims and this can depend on the circumstances and also the jurisdiction in which the claim is brought. Evidence may also vanish, witnesses may move and memories may fade.
Finally, avoid accepting a small payment just because you are desperate for money.
In case of an accident somebody may give you N200,000 and ask you to sign a paper that the matter is fully settled.
But what if your treatment comes to ₦5 million? Make sure you understand what rights you may be giving up before taking a payment as full and final settlement.
This week’s message is simple. Just because someone caused your injury doesn’t mean they get to walk away from paying or telling you to go to court. You may have a right to claim compensation, negotiate a settlement and, where necessary, ask the court to determine your claim.
Don’t let the threat of or intimidation about going to court stop you from getting proper legal advice.
This article is for general information only and does not constitute legal advice.
If you or a relative has suffered an injury because of someone else’s carelessness, particularly where the person responsible has refused to pay compensation, you are welcome to contact me for free initial legal advice.
Appropriate personal injury cases may also be handled on a “No Win, No Fee” basis, meaning legal fees are payable if the claim succeeds and compensation is recovered, subject to agreed terms.
Michael ‘Lekan Odunlami, Esq. is a Lagos-based personal injury lawyer at Claybrook Attorneys. He can be contacted via [email protected] and 0902 897 8494
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