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Delivery driver is awarded compensation following a road traffic accident

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Accident Circumstances

Mr H was on his way to deliver food to his manager’s house. He correctly approached a roundabout to give way to a vehicle coming from his right. The defendant failed to observe this and she collided into the rear of Mr H’s vehicle. The defendant’s vehicle had two occupants, a female driver and a male passenger. The defendant initially apologised for the collision and then she asked Mr H why he braked.

The male passenger stated that the defendant was at fault for the road traffic accident and that she should exchange her details with Mr H. Mr H also suffered personal injury symptoms of back pain and also right shoulder pain. Mr H searched for personal injury solicitors in London who could represent him. Clearwater Solicitors was recommended to Mr H despite the fact our offices were based in the northwest Mr H instructed us. An engineer was instructed to inspect Mr H’s vehicle and also value the damage that had occurred due to the road traffic accident. The engineer valued the damage at £518.80.

The Defendants Position

The third party’s representatives called and advised that they could not get in contact with the defendant. The claim was accepted by the third party representatives on the portal but they would not confirm liability as they were undergoing investigations. The time limit was reached on the portal and the claim fell out. Mr Ahmed put forward a part 36 offer to the third party insurers of 100% liability in favour of Mr H. The third party representatives had 21 days to respond to the offer. The file was transferred to Mr Yaqub head of Clearwater Solicitors litigation team.

Mr Yaqub contacted the third party representatives and they stated that at that point they could not get in contact with their client so they could not respond to the part 36 offer. The third party representatives contacted Mr Yaqub and stated that they now denied liability because allegedly Mr H failed to give way at the roundabout causing the accident. The third party also said that they had a witness who supports their version of events. The third party representatives wrote to Mr Yaqub and offered to settle the liability of the claim on a 50/50 basis.

How we resolved the case

Mr H rejected the offer of a 50/50 liability split as this meant his insurance would increase and he would have been held partly responsible for the accident.

–        Mr Yaqub gave the third party representative’s one last chance to settle Mr H’s claim by disclosing the medical report. However, no offers were received and therefore instructions to counsel. The instructions were accepted by counsel and they agreed to represent Mr H. The third party solicitors said that their 50/50 split liability offer still stood.

–        Proceedings were issued against the defendant as Mr H was adamant he was not at fault for the accident.

–        The third party transferred there file to a specialist defendant personal injury solicitors. They contacted Mr Yaqub and said that they did not receive the medical evidence when it was meant to have been sent. They said that they would let the court know this. They stated that they were prepared to deal with the claim and they asked if Mr H would accept any split on liability.

–        No acknowledgement or defence was filed at court by the third party solicitors and Mr Yaqub submitted a request for judgement in default in favour of Mr H because the third party solicitors had not filed a response at Court.

–        The third party asked for a 14 day extension because they had instructed an investigator to take a statement from the defendant. The extension was not granted by Mr Yaqub so they third party solicitors applied to the court. They had the extension granted.

–        Mr Yaqub contacted the court for a request for judgement. The court replied stating that they had approved the third party’s application to extend the time for filing a defence so he couldn’t file a request for judgement until time had passed for the third party to file the defence.

–        The claim transferred to the county court and the third party solicitors contacted Mr Yaqub and agreed to pay Mr H’s vehicle damage, they also asked for a figure that would be acceptable for Mr H to settle the claim.

–        Mr Yaqub put forward a high offer of £4,200. The third party solicitors did not agree to this figure and they offered Mr H £3500 to settle his personal injury claim.

Mr Yaqub presented this offer to Mr H and it was accepted.

How can Clearwater Solicitors help you

Clearwater Solicitors are experienced in handling car accident claims where there the third party will not co-operate and where liability is not admitted. 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.

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