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Accident Circumstances

Mr S was going to the local shopping centre with his friend. He was travelling down Lower Villers Street when the defendant pulled out of a side road without looking. He collided into the side of Mr S’s vehicle. The force of the collision pushed his vehicle across one lane then causing it to roll over three times, finally coming to a stop on its roof.Mr S and his passenger were upside down in the vehicle but they managed to force the passenger side door open and get out. They were both in severe shock.

A shop owner saw the road traffic accident and he called the emergency services. The police, ambulance and fire brigade attended the scene. Mr S and his passenger were taken straight to hospital by ambulance. Mr S searched for personal injury solicitors in London but could not find anyone he had confidence with. The hire company recommended us and he instructed Clearwater Solicitors to pursue his road traffic accident claim and the claim was submitted onto the portal.

Defendants Position

The defendants insurers confirmed that the accident had been reported and they stated that liability had been admitted.They issued the cheque for Mr S’s vehicle damage which meant that he could return the hire vehicle and keep costs to a minimum. However, the third party insurers wrote to us and they stated that they had instructed their own personal injury solicitors to defend our client’s claim. The third party solicitors exited the claim from the portal and withdrew the admission of liability. The claim was transferred to Miss Manders a solicitor in the litigation team.

How the case was resolved

Miss Manders contacted the third party and asked for an explanation of why the claim had been removed from the portal. They advised him that the insurers had some concerns with the claim and they needed clarification. She advised them that she would be issuing proceeding against them in due course.

–        Miss Manders applied for the police report that was completed by the officers that attended the road traffic accident to confirm that Mr S’s description of events were accurate and trustworthy.

–        Mr S had still not received any offers from the third party. Miss Manders decided to issue proceedings against the third party and these were sent to court with Mr S’s agreement. The third party solicitors told Miss Manders that they would defend the claim on behalf of the defendant. The defence was sent to Miss Manders.

–        As the Defendant’s initially accepted liability they were required under the Court rules to make an application to withdraw the admission. We instructed a Barrister to defend the application.

–        She advised Mr S that it would be a good idea to submit a part 36 offer of £4500 to settle his hire costs.

Before the application hearing date the Defendant’s solicitors entered negotiations with Miss Manders and put forward an offer of £3000 for Mr S’s personal injury claim and £3500 for hire and storage costs. Mr S accepted the £3000 for his general damages but the £3500 for hire was rejected. After negotiations Miss Manders settled the hire and storage costs for £4000 and Mr S was delighted with £3000 for his general damages.

How can Clearwater Solicitors help you

Clearwater Solicitors is experienced in handling car accident claims where the defendant’s dispute liability. 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.

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