20th March 2020
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Mr B was a passenger in the back of the defendant’s car, the defendant failed to observe upon joining a roundabout collided into the rear of another vehicle causing our client neck, back and shoulder injuries.Mr B Searched for personal injury solicitors in Burnley and decided to instruct Clearwater Solicitors to pursue his compensation claim.
The defendant insurers initially failed to respond to the claim notification form which meant the claim was taken out of the RTA low value process. They then made a pre medical examination offer in the sum of £1000.00.
The case was then transferred to our specialist personal injury solicitors where Mr Ahmed who is very experienced in car accident claims took on the case.
– Mr Ahmed advised our client to reject the sum of £1000.00 to settle the claim. The reason for this is, because our client hadn’t been medically examined there is no way we can be sure that this offer is reasonable considering Mr B’s injuries.
– It is important to note that a client only has one opportunity claim and if symptoms return there is a potential that the claim has been undervalued, this is the reason we encourage clients to be medically examined. Taking our advice Mr B rejected the pre medical examination offer.
– Mr B was medically examined and the medical report was disclosed to the Defendant’s insurers.
– The third party insurers then failed to respond making any offers and court proceedings were issued.
– Mr Ahmed then wrote to Mr B suggesting we put forward a part 36 offer. A part 36 offer; which is in effect an offer we make to the third party setting out amounts that we would be willing to accept to settle the claim.
– After carefully reviewing the clients and assessing the medical evidence Mr Ahmed suggested we put forward an offer in the sum of £4500.00. Our client was happy to accept this and the offer was put forward to the third party insurers who then had 21 days to respond.
The third party then accepted liability and put forward a counter offer in the sum of £3740.00 to settle our client’s personal injury compensation claim .which our client was happy to accept.
Delay in cases such as this can be avoided if the Defendant would make offers within a reasonable time period. The rules allow the Defendant 21 days to make offers when the Medical report is disclosed but in this case the Defendant did not do so despite being chased.Once proceedings were issued the Defendant’s representatives got their act together and made offers to settle the claim.
Clearwater Solicitors is experienced in handling car accident claims.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.