THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS *

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1 15 January 2015 Level 4 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS Subject Code L4-3 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 3 THE LAW AND PRACTICE RELATING TO ROAD TRAFFIC ACCIDENTS * Time allowed: 1 hour and 30 minutes plus 15 minutes reading time Instructions to Candidates You have FIFTEEN minutes to read through this question paper before the start of the examination. It is strongly recommended that you use the reading time to read the question paper fully. However, you may make notes on the question paper or in your answer booklet during this time, if you wish. The question paper is divided into TWO sections. You must answer ALL the questions from Section A. There are two scenarios in Section B. You must answer the questions relating to ONE of the scenarios in Section B ONLY. Write in full sentences a yes or no answer will earn no marks. Candidates must comply with the CILEx Examination Regulations. Full reasoning must be shown in answers. Statutory authorities, decided cases and examples should be used where appropriate. Information for Candidates The mark allocation for each question and part question is given and you are advised to take this into account in planning your work. Write in blue or black ink or ballpoint pen. Attention should be paid to clear, neat handwriting and tidy alterations. Complete all rough work in your answer booklet. Cross through any work you do not want marked. Do not turn over this page until instructed by the Invigilator. * This unit is a component of the following CILEx qualifications: LEVEL 4 DIPLOMA IN PERSONAL INJURY LITIGATION and LEVEL 4 EXTENDED DIPLOMA IN PERSONAL INJURY LITIGATION Page 1 of 8

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3 SECTION A (Answer ALL questions in Section A) 1. Explain the relevance of speeding in establishing a breach of duty of care in a road traffic accident. 2. Identify two ways to obtain a car driver s insurance details which have not been obtained at the accident scene. 3. State three situations where a driver might be uninsured. 4. Explain whether an insurer is required to provide cover to an uninsured driver of an insured stolen vehicle. 5. Explain whether a driver of a car owes a pedal cyclist a duty of care. 6. Explain the effect, if any, in a personal injury claim, of a pedal cyclist not wearing a cycle helmet in a road traffic accident. 7. Summarise the purposes of the Highway Code in a road traffic accident claim. 8. (a) Explain what a success fee is. Explain when and how the success fee is paid. (Total: 7 marks) 9. Explain two possible reasons why an oral hearing may be requested under the RTA Protocol. 10. Explain the costs consequences for the defendant where, at a court hearing under the RTA Protocol, the judge awards damages equal to or in excess of the claimant s final settlement offer. (Total Marks for Section A: 30 marks) Page 3 of 8 Turn over

4 SECTION B (There are two scenarios in Section B. Answer the questions relating to ONE of the scenarios ONLY) Scenario 1 Extract from proof of evidence: 1. My name is Miss Dominika Malena. My date of birth is 1/7/ On 10 November 2014, at approximately 7 pm, I was driving my Renault car, registration number MM88 HHG, and was stationary at red traffic lights at the junction of Sedgemoor Lane and Oakfield Drive, Elmsdale, North Yorkshire. 3. While I was waiting for the lights to change, I unfastened my seatbelt and leaned across to look for a tissue in the glove compartment. The lights changed to green so I sat up and drove into the junction. 4. I was about half way across the junction when suddenly a car came at speed from Oakfield Drive on my right and hit the driver s door of my car. 5. The impact threw me against the door frame and the steering wheel. I felt dazed and had pain in my head, chest and right arm. 6. I wanted to get out of the car but when I tried to move I fainted. 7. I regained consciousness in Elmsdale Hospital where I had been taken by ambulance. A doctor diagnosed a minor head injury, several fractured ribs and a fractured bone in the forearm. 8. A police officer came to the hospital the day after the accident. She told me that a passing pedestrian had called the police to attend the scene of the accident and that the driver who drove into the side of my car was called David Braithwaite. 9. The police officer left her contact details and David Braithwaite s phone number, address and his car registration. 10. At the time of the accident I had comprehensive vehicle insurance with Aldright s Insurers plc which has paid 3,750 to me for the pre-accident value of my car which was damaged beyond repair. I also had legal expense insurance. END OF EXTRACT Page 4 of 8

5 Scenario 1 Questions 1. Advise Dominika: (a) why David Braithwaite owed her a duty of care; whether there has been a breach of that duty. (1 mark) (Total: 3 marks) 2. (a) Identify any further evidence you need in relation to liability. (8 marks) Discuss whether the fact that Dominika was taken to hospital by ambulance may assist your liability investigation. (5 marks) (Total: 13 marks) 3. (a) Advise Dominika whether not wearing a seatbelt at the time of the accident may affect her claim. (5 marks) Advise whether Aldright s Insurers plc can claim its outlay for the pre-accident value of Dominika s car. (Total: 9 marks) 4. You obtain details of David Braithwaite s insurers. You also estimate that Dominika s claim is below 25,000 in value. (a) Advise Dominika on the procedure you will follow to notify the defendant driver and his insurer of her claim, and the timescales the defendant insurer has in which to respond. (6 marks) Advise Dominika what will happen if the defendant insurer does not admit liability. Your answer should briefly consider costs provisions. (5 marks) (Total: 11 marks) 5. The defendant insurer admits liability. You obtain and disclose medical evidence for Dominika. You negotiate full and final settlement of Dominika s claim for the sum of 17,000 without needing to issue court proceedings. Advise on what costs you expect to receive. (Total Marks for Scenario 1: 40 marks) Turn over Page 5 of 8

6 Scenario 2 Extract from Claristal Insurers plc s Incident Report Form Name: Date of Birth: Vehicle model and registration number: Date and time of accident: Weather conditions: Visibility: Description of accident: Kash Singh 9/2/1985 Volvo estate LA12 RYB 2 pm on 6/12/2014 Dry Good I was driving, within the speed limit of 30 mph, along Richmond Road, Birmingham. I saw a group of young teenagers ahead on the nearside pavement and walking in the same direction as me. I braked slightly because the group was quite large and the pavement was narrow. They were walking towards the Carlton Cinema, which is further along Richmond Road. There is a zebra crossing outside the cinema entrance. I reached the cinema at about the same time as the group. The teenagers had their backs to me. As I approached the zebra crossing, a boy suddenly waved his arm as though saying goodbye and stepped onto the crossing without turning round. I braked hard, felt the car skid and heard the tyres squeal but there was no chance of avoiding him; the front nearside corner of my car hit the back of his right leg. I saw him fall forward along the length of the kerb. I parked my car further down the road and went back to the crossing. The boy, whom I now know to be Terrence Polenski, was sitting on the pavement supported by his friends. He said the accident was my fault as the Highway Code states that drivers should stop for pedestrians on zebra crossings. An ambulance and the police arrived. Unfortunately, when the police checked my car insurance they found that I had missed monthly payments of the policy premium. I anticipate that I will be convicted of driving without insurance. I was not charged with any other offences. END OF EXTRACT Page 6 of 8

7 Scenario 2 Questions 1. Explain Terrence Polenski s legal duty. 2. (a) Advise Kash whether or not a court would be likely to find him responsible for the accident if Terrence Polenski brings a civil claim against him. (10 marks) Advise Kash how Terrence Polenski s behaviour may affect the outcome of any civil claim he brings against Kash. (6 marks) (Total: 16 marks) 3. Kash is convicted of driving without insurance but is confused about the significance of the conviction. (a) Explain to Kash whether a criminal conviction can ever assist a civil claim. Advise Kash whether this particular conviction can assist a civil claim brought by Terrence Polenski. (Total: 5 marks) 4. Terrence Polenski indicated that Kash had breached the Highway Code by not stopping for pedestrians on a zebra crossing. Advise whether a breach of the Highway Code may support Terrence Polenski s civil claim in court. (5 marks) 5. Kash has been convicted of driving without insurance. (a) (c) Explain how Terrence Polenski s solicitors may pursue a claim on his behalf. Explain whether, if Terrence Polenski succeeded in a civil claim, Kash would have to pay him any damages. Explain who will be named on the court documents as defendants to any civil claim brought by Terrence Polenski. (Total: 11 marks) (Total Marks for Scenario 2: 40 marks) End of Examination Paper 2015 The Chartered Institute of Legal Executives Page 7 of 8

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