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Accident circumstances

Mr. C was positioned in the second lane of a four way lane roundabout. He had intended to join a slip road so that he could make his way home, when the defendant collided with the claimants correctly proceeding vehicle. The defendant, in clear contravention of the road markings, attempted to cross over into the claimant’s lane and so as a result, the collision occurred. The defendant refused to accept liability. Instead, argued that he was in the correct lane at the time of the accident.

On many occasions, the client had asked for the defendant to accompany him to the road makings to illustrate the accident scene and to see both individuals’ positioning’s prior to the accident. Mr. C contacted our experienced personal injury solicitors in Bolton and instructed us to act on his behalf.

Defendant insurer’s position

The defendant insurers stated that the defendant had positioned himself in the left lane and our client had been in the right hand lane. They advised that it was our client who had changed lanes.

How Clearwater Solicitors resolved the issue

The person with principle responsibility for dealing with this matter on a day to day basis was Shazad Arif who is experienced in car accident claims.

–        There had been many disputes over what had actually happened during the time of the accident. The defendant had refused to accept liability and so had denied negligence. However, our client strongly believed that the defendant was at fault. Supporting our clients claim, we decided to investigate further.

–        The third party’s personal injury solicitors made a part 36 offer in relation to liability on a 50/50 split liability basis. After seeing a barrister, our client was advised to accept the 50/50 offer as there was a risk the case could be found against him.

The Client appreciated there was a risk and therefore decided to accept the offer.

Mr. Shazad’s comments on the case

Cases such as this are usually relatively straightforward. However, the third party can sometimes fail to accept their negligence thus making the case more complicated. Although we try our best to ensure that our client’s expectations are met, we sometimes have to advice our client’s to accept offers due to the risks of continuing. This was such a case and once the client was informed of the risk he was happy to accept a liability split.

How Clearwater Solicitors can help you?

Clearwater solicitors are experienced in handling car accident claims where liability is disputed. If you think you have a case or require further information contact Clearwater solicitors on 08000 430 430 or fill in the online call back request.

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