20th March 2020
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Mr S was stationary at a zebra crossing, the defendant failed to observe and hit into the rear of our clients car. After the crash the defendant got out of the car and admitted liability and also wrote a note confirming this, the defendant also offered to pay vehicle damages privately.Mr S decided to pursue a car accident claimand searched for a personal injury solicitor who specialised in dealing with passenger claims to represent him. He contacted Clearwater Solicitors to represent him. Upon hearing how happy a friend was with the quality of service and care, Mr S put his full confidence in Clearwater Solicitors and instructed our specialists to act on his behalf to pursue a car accident claim.
We took on the case of Mr S as it appeared to be straightforward as he was a passenger in a fault vehicle. However, the third party insurers later disputed liability and claimed that the defendant had no involvement in the accident. Mr S was clear that he gave the correct details for the third party. The Defendant asked a series of questions which the Claimant was happy to answer. However, despite Mr S’s cooperation the Defendant were unwilling to change their stance.
The matter was then referred to our expert litigation team where Sarah Manders one of our experienced and specialist litigators took on the case.
– Sarah spoke to Mr S and it was agreed to issue Court proceedings to progress matter as it was clear the Defendant were not going to change their mind anytime soon.
– The Defendant’s insurers sought to be included in 2nd Defendant as they were unable to obtain instructions from the Defendant despite initially claiming it was a case of mistaken identity.
– Sarah recommended to Mr S he puts forward a Part 36 offer which is effectively an offer the claimant is making to the third party setting out the amount he would be willing to accept in the settlement of his claim.
– After fully reviewing medical records Sarah advised our client that £3000.00 was a reasonable settlement.
– The purpose of a Part 36 offer is put pressure on the Defendant to settle more rapidly and could save time and money. If the Defendant’s did not accept the offer within 21 days then the claimant would be entitled to claim extra damages.
Once the Defendant received the offer they decided to accept thereby concluding our client’s claim.
This should have been a straightforward case which could have been settled very quickly because the defendant himself admitted liability at the scene of the accident. However the process was made complex and was dragged out when the third party insurers claimed the defendant had no involvement in the accident.The reason we made a part 36 offer was because the third party insurers were not responding to us, they eventually accepted our offer of £3000 because we brought it to their attention that if they fail to accept our offer and the case continues, and a settlement is made more than £3000 they would have to pay additional damages and interest if they fail to settle at a lower figure.
Clearwater Solicitors is experienced in handlingpassenger claims where the Defendant’s claim it is a case of mistaken identity. 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.