20th March 2020
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Mr R reduced speed and stopped as he came to a junction where he was waiting to turn right, after observing both left and right he saw that vehicles on the left had stopped. Because he wasn’t sure if the other drivers had stopped due to traffic, Mr R waited about ten seconds before setting off again.
While he was still observing he saw that there was a car on his left driving in the bus lane, Mr R thought the vehicle would stop like the other cars but the defendant did not and as a result collided into the side of our clients car. Mr R was shocked by the events and after seeing Clearwater Solicitors he decided to put his trust in our personal injury solicitors and pursued a road traffic accident claim.
Our client claimed that the defendant drove through a red light and was therefore at fault, there were 2-3 witnesses who saw the accident and all held the defendant at fault. The defendant insurers were claiming the opposite and said the defendant was driving though a green light and that our client is therefore at fault.The incident was reported by the claimant who called the police; the police report simply recorded both parties versions of events and had no details of any witnesses. Our client also did not have any witness details. The defendant’s insurers were relying on this evidence as a basis to dispute liability holding our client at fault.
Once Mr R contacted Clearwater Solicitors, his matter was taken on by Mr Ahmed one of our experienced and specialist litigators.
– On the basis that the police report favoured both parties evenly and because it didn’t exclusively favour either party the defendant’s insurers were offering our client a 50/50 settlement, which meant that the total costs for damages would be split between the defendant and our client.
– We advised our client to accept this offer because if the matter went to court it would mean that there is a high risk that the case will be settled on a split basis or if the Defendant came across more credible in his favour entirely. Although our client was extremely credible we advise the risk to him was too great and therefore to accept the offer.
Our client agreed with our advice as he did not wish to go to Court and agreed there was a risk he could be found equally or wholly at fault for the accident.
In cases such as this when we believe our client is genuine, it is misfortunate and saddening when they don’t receive what they should have, but unfortunately circumstances where evidence does not completely support our client there isn’t much that can be done.We advise our clients to accept offers in circumstances such as this because if they risk continuing the claim at court there is a possibility that the claimant may be at risk of losing the case altogether and even end up paying third party damages to the person we believed to be at fault.
Our client’s best interest is the paramount concern here at Clearwater Solicitors, and if we believe we can gain for our client then we will continue until we can reach a reasonable offer. However when we believe continuing with the claim could potentially put our client at loss we advise them to settle on best possible terms.
Clearwater Solicitors is experienced in handling car accident claims where liability is disputed. 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.