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Driver from Stoke on Trent awarded £1600.00 compensation after a two year legal battle

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Accident circumstances

Mr A was stationary due to heavy traffic. The defendant collided in to the rear of the claimant’s vehicle as a result of his failure to observe. The defendant tried to drive off from the scene of the accident but could not due to the heavy traffic, as he reversed he nearly collided into another vehicle which caused further commotion at the scene.
Clearwater Solicitors were recommended to Mr A as he wished to pursue a personal injury compensation claim.

Defendant insurer’s position

The defendant insurers disputed liability on the basis that their insured was not involved in the road traffic accident.

How Clearwater Solicitors resolved the issue

The case was transferred to our specialist litigation team where Mr Yaqub who is experienced in complex car accident claims took on the case.

–        The Defendant maintained that there insured was not involved in the accident. However, Mr A was adamant that he took down the correct vehicle registration. We asked the third party insurers if they would arrange an inspection of their insured’s vehicle which would prove their insured was involved in an accident with our client.

–        The third party advised that their insured was proving difficult to get hold of and advised they would settle Mr A’s claim if he signed an Assignment and Agreement form.

–        Mr Yaqub wrote to the third party insurers informing them we will not be advising our client to sign the Assignment and Agreement form that they had sent to us. The reason was the terms and conditions were too onerous and did not favour our client. For example it required our client to confirm he would agree to cooperate with the third party insurers if they decided to sue their own insured. Mr Yaqub reminded them that our client was an innocent party and we would urged them to reconsider their stance and deal with our clients claim.

–        No response was forthcoming and therefore Mr A authorised proceedings to be sent to the Court. Once proceedings were issued it became apparent that the driver of the third party vehicle was not the insured but the insured’s son. He was driving the car without insurance. Therefore, Mr Yaqub advised that third party insurers to settle the claim as they had no real prospects of defending the claim.

–        The third party insurers then put forward an offer in settlement of your claim for personal injury in the sum of £1,600.00.

–        After considering the medical evidence it would take our client three months to recover from the injuries that were sustained as a result of the roadtraffic accident.

The value a 3 month prognosis period is between £1300.00 to £1500.00. Taking this in to consideration the third party insurer’s offer of £1600.00 was reasonable and we therefore recommend Mr A accepted the offer.

Mr Yaqub’s comments on the case

Cases such as this are usually relatively straightforward; however third party insurers can sometimes make matters complicated by asking the claimant to sign and assignment and Agreement form.These forms allow the third party insurers to call upon our client at any time in 6 years from the date the form is signed to asset in suing their policyholder. This could involve dealing with a correspondence from solicitors and the insurers, signing witness statement and/or going to court. At Clearwater Solicitors we believe our clients have already suffered enough due to no fault of their own and why should they have this added burden hanging over their head for 6 years.

How Clearwater solicitors can help you?

Clearwater Solicitors is experienced in handling car accident claims where the third party insurers make matters complex suggesting their insured was not involved in the accidentIf 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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