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Sixty year old passenger in van settles out of court for £3500 for a personal injury compensation claim

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Accident Circumstances

Sarah’s client was on his way home when the vehicle he was travelling in collided with another vehicle. He was sat on the middle seat of the van and wearing his seatbelt correctly.The driver of the claimant’s vehicle failed to observe traffic when he was turning right out of a junction. The vehicle collided into the side of a passing car. The claimants van was travelling at an approximate speed of ten miles per hour and the other car was travelling at a speed of thirty-five miles per hour.

There were no emergency services present at the scene of the collision.Sarah’s client suffered back, neck, left wrist and shoulder pain as well as suffering pain in his knees.  The claimant was not working prior to the accident because he had a knee replacement operation and it prevented him from working. The collision severely aggravated this.Mr S decided to pursue a car accident claim and searched for a personalinjury solicitorwho specialised in dealing with passenger claims to represent him. He contacted Clearwater Solicitors to represent him.

The Defendant’s insurers representative

Sarah Manders of Clearwater Solicitors took on the case of her sixty year old claimant whose claim appeared to be straightforward as he was a passenger in a fault vehicle.The Claim was submitted to the Defendant’s insurers who did not accept liability straight away.The Defendant’s insurers took the unusual stance of requesting the Claimant’s occupational and medical records.

How we resolved the Case

Sarah Manders strongly objected to the Defendant’s request as the records were highly confidential and the claim was straightforward. Sarah Manders warned the Defendant’s insurers that unless they came to their senses we would recommend proceedings are issued.  As she was preparing to issue the file the Defendant’s insurers heeded the warning and made an offer of settlement. The Claimant gladly accepted the offer.

Sarah’s comments

Sarah said the case was straightforward and the Defendant’s attempts to access the Claimant’s confidential records were rightly refused. Such records should not be disclosed without a court order.Unfortunately there are too many solicitors who will pander to the Defendant’s insurers ridiculous requests. Such pandering has led to Defendant’s insurers making unreasonable and disproportionate requests.

Clearwater Solicitors do not pander to the Defendant insurers our aim is only to represent our client’s best interests. Had we agreed someone from the Defendant’s insurers would have access to records and been able to review the Claimant’s entire medical history.

How can Clearwater Solicitors help you

Clearwater Solicitors is experienced in handling passenger claims where there the Defendant’s refuse to settle your claim.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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