20th March 2020
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Mr B was driving motorcycle and was on his way back to his work place after making a delivery. The defendant failed to observe and pulled out of a side road. The third party collided into our client’s motorcycle knocking him off causing him to fall to the ground. The police were called to the scene of the accident and an ambulance was called. Mr B was taken to hospital. After conducting a Google search for experienced motorcycle accident solicitors Mr B contacted Clearwater Solicitors. Mr B went through the accident details with our friendly case opening team and instructed us to represent him in his pursuit of a motorcycle accident claim.
The third party insurers disputed liability on the basis that our client carried out an illegal manoeuvre by overtaking a bus on the wrong side of the road. They also claimed the bus driver signalled to their insured that he could pull out. Therefore, they believed Mr B was at fault and was the cause of the collision.
The case was transferred to our specialist motorcycle accident solicitors where Miss Sarah Manders took over conduct of the file.
– Sarah Manders firstly clarified the allegations that our client manoeuvre was illegal by writing to the party with a copy of a Google map image of the scene of the accident with the position of both parties marked which clearly showed there was a lay by for the bus to pull into and the road continues as normal past the bus stop. Meaning there was no reason why our client should not have continued along the road with a bus in the lay by.
– Secondly the third party also stated that the bus flashed him to exit the side road, to which we pointed out that it would be their insured’s responsibility to ensure that the road was clear before he pulled out and that our client is not responsible for the actions of the bus driver.
– As such we put forward a Part 36 offers, 100% liability in favour of our client, giving the third party 21 days to respond to which we failed to receive a response. Meaning we had to issue court proceedings.
The third party later put forward a part 36 offer in the sum of £4000.00 to settle the claim. Our client was happy to accept this offer.
This case should have been straightforward however it is misfortunate when matters are made complicated with false allegations. In this case we actually saved the insurance company money by using google maps. Had google maps not been available we would have had to instruct an enquiry agent to prepare a locus report. It is distressing for our clients when matters are made complicated, but we do ensure we keep our clients updated regularly to ease the process for them so they know what stage their claim is at. Mr B was happy to accept the offer in the sum of £4000.00 and was very satisfied with the client care he received.
Clearwater Solicitors is experienced in handling motorcycle accident claims where liability is disputed. If you think you have a case or require further information contact Motorcycle accident solicitors on 08000 430 430 or fill in the online call back request.