20th March 2020
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Mrs B the claimant set off from her home as a front seat passenger in her husband’s car just after 12:00. She was going to visit relatives who had come back from a long distance trip. The vehicle Mrs B was travelling in was stationary at the time of the road traffic accident. She was situated in traffic at a roundabout on Plumstead high street. The driver of the vehicle Mrs B was travelling in was giving way correctly to the vehicles proceeding from the right hand side. The defendant approached our client’s vehicle from behind. The defendant thought that she could squeeze past Mrs B from her left lane. The defendant did not observe as there was not enough space for two vehicles to pass through the space available.
The defendant carried on squeezing past the claimant and then ended up going onto the pavement. She realised she could not go any further as there was a lamp post in front of her and collided with our client’s vehicle when she manoeuvred towards the road. Our client suffered symptoms of shock, neck pain and shoulder pain. She finds it very difficult to do the household chores and she has been bed bound most days as she can’t move her arms. The claimant had to ask a relative to do the household work. The claimant suffered pain to the left should and was advised 4-8 sessions of physiotherapy and the symptoms would fully resolve between six to eight months. The Claimant searched for personal injury solicitors who specialise in passenger claims as she wished to make a claim for compensation
The Claim appeared straightforward and therefore Mrs B’s claim was allocated to Mr Arif who works in Clearwater Solicitors Portal Team. Mr Arif submitted the claim on the Road Traffic Accident portal. The claim was rejected from the portal and it was transferred to Mr Yaqub in the litigation team as the third party were strongly disputing liability. The Defendant completely disputed the Claimant’s version of events and claimed that she was in fact had priority as she was coming from the Defendant’s right hand side.
We pointed out to the Defendant’s insurers that the vehicle damage did not support their insured’s version of events. Unfortunately, the Defendant’s insurers decided to ignore the evidence and we recommended to our client proceedings were issued at Court.
– The Defendant’s insurers instructed personal injury solicitors who reviewed the evidence and realised our client’s version of events was more plausible. However, they were in a position where they could not admit liability as the Defendant continued to dispute liability. As such the Defendant offered to deal with the claim without prejudice. As the Claimant was a passenger there was no adverse consequence to her as the Defendant could not sue her only her husband’s insurers.
– The defendant’s solicitors disputed the special damages claimed in relation to the cost of the physiotherapy treatment recommended by the medical expert as there was no proof that Mrs B attended physiotherapy.
– The defendant’s solicitors did however confirm that they would be making offers in due course.
– No offers were made so Clearwater solicitors filed a part 36 offer on behalf of Mrs B for £3200 plus costs. This was rejected by the third party. The made a counter offer of £2750 and also requested the invoice for the physiotherapy treatment. The offer was rejected by Mrs B but the invoice for the physiotherapy was sent.
– On receipt of the physiotherapy invoice the third part made another counter offer for the sum of £2775 plus costs.
Mrs B was delighted with the offer for personal injury compensation and decided to accept it.
Clearwater Solicitors is experienced in handling car accident claims where there the Defendant does not accept liability. If you think you have a case or require further information contact Clearwater on 08000 430 430 or fill in the online call back request.