9th June 2015
If you have decided to make a compensation claim following a personal injury then you may be wondering where to…
The claimant was coming from Nelson towards the taxi base on Church Street Burnley.
Mr A, the claimant was travelling along Colne Road and he approached a bend in the road with a give way to his right. Mr A’s intentions was to proceed along the bend in the road heading towards the taxi base but as he was about to go round the bend the defendant pulled out of the give way causing the claimant to collide into the side of the defendants vehicle.
After the collision the claimant vacated his vehicle and so did the defendant. The defendant stated that Mr A was speeding and caused the accident. The police attended the scene and exchanged details. The police advised the defendant that the collision was his fault as he should have waited for the road to be clear and safe to enter before pulling out of the give way. Mr A decided to contact Personal injury solicitors to pursue a claim for compensation.
The third party insurers were contacted and informed our client intended on pursuing a car accident claim. They advised that their client had reported the road traffic collision to them. They were asked for their stance on liability and they advised that they were still investigating the circumstances of the collision and they were also waiting for a statement from their insured.
Mr Ahmed from Clearwater Solicitors portal team was allocated to the file. The claim was put onto the portal but the third party took too long to respond to the claim and it fell off.
The personal injury claim was passed to Mr Yaqub head of Clearwater Solicitors litigation team.
– Mr Yaqub put forward a part 36 offer was put forward to the third party of 100% liability in favour of Mr A for the road traffic accident claim. The third party were given 21 days to respond to this.
– Mr Yaqub received a phone call from the third party insurers to confirm that they accepted liability for the collision and that this would be sent in writing. They also said that they would submit offers in relation to Mr A’s injuries and damages.
– Mr A was sent for a medical appointment and the medical report stated that Mr A suffered from moderate shock, travel anxiety, discomfort a neck injury and also soft tissue damage to the left shoulder.
– The report was disclosed to the third party insurers and they were given 21 days to respond with offers.
– The third party did not respond to this so court proceeding were issued against them.
– The third party transferred their file to specialist solicitors. They advised the doctor was a credible witness and therefore they would be disputing liability. They wished to withdraw their admission of liability. They did this because the Doctor stated that Mr A crossed the boundaries of his lane and collided with the rear left side of his vehicle, he stated that he approached the right stem of the junction, he slowed to give way to our client and then he proceeded into the right hand lane at which point Mr A switched lanes and collided with the defendants vehicle.
– The third party solicitors called and said that they would put forward a part 36 offer for liability of 50/50, this was not a formal offer as it was not in writing.
– Mr Yaqub advised to Mr A that a part 36 offer should be put forward to the third party of £1500.
– Before this was sent to the third party they came forward with a part 36 offer for liability of 50/50 split liability with an offer of £3020. This would mean that Mr A would receive £1510.
– Mr A rejected this offer but he did accept the valuation of £3020.
– In the meantime the Defendant made an Application to the court for permission to withdraw their admission of liability and also intimated Mr A’s claim was fraudulent as he had many accidents in the past.
– Mr Yaqub decided not to consent to the Application and he submitted part 18 questions to the defendant. He also could not understand how the third party insurers believed Mr A’s claim was fraudulent when they made an offer of 50/50 split liability. This was utterly ridiculous especially as Mr A was a taxi driver and therefore was on the road most of the day which meant he was more at risk of being involved in an accident. Due to their ridiculous allegations Mr Yaqub requested the police report.
– Whilst waiting for the police report the third party solicitors stated that they had been given authority from the defendant to put forward an offer of 70/30 in favour of Mr A.
– The police report was received and it stated that the defendant failed to see our client’s vehicle. This backed up further Mr A’s side of the story and proved the Doctor was lying.
– Another part 36 offer was submitted by the third party in the sum of £3020 with the liability of 70/30 in favour of Mr A. This would mean that he would receive £2114.
– Mr A again rejected this offer and he suggested that another offer should be submitted of £3020 with liability of 100% in his favour.
This was finally accepted by the third party and the court hearing was stayed due to the case being settled. This was what looked like a straightforward case that turned into a complicated long winded case due to dispute of liability and a Doctor who quite simply lied to his insurance company.
Mr Yaqub said he could not believe the stance the Defendant were taking especially as they initially advised liability was being investigated, then advised liability was accepted and then tried to withdraw the admission of liability. Our client was frustrated by the Defendant’s repeated attempts to apportion some blame upon him Client and allege he was a fraudster. Mr A followed my advice and was able to obtain 100% compensation and more importantly his character was not tainted by the false allegations. Mr A was a taxi driver and therefore it is to be expected that he will be more prone to accidents..
Clearwater Solicitors are experienced in handling car accident claims where there the defendants refuse to admit liability and claims where fraud is intimated.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.