Accident circumstances

Our client was driving along the road where he passed the traffic lights and saw the defendant coming from his right without stopping, Mr T tried to avoid the impact but the defendant’s failure to observe and stop resulted in a collision into the front corner of our client’s vehicle. The impact was so hard that it pushed Mr T’s vehicle about 20 feet.

The claimant got out of his vehicle and approached the defendant, the defendant told Mr T that he was holding him fully responsible for the accident, claiming that our client was speeding and that it was his right of way.  Our client argued that it was his right of way, holding the defendant at fault.

Our client immediately called the police who resolved the matter clarifying that, the right of way was Mr T’s and charged the defendant with reckless driving.

Mr T later contacted Clearwater Solicitors after being recommended to him by a previous client to represent to pursue personal injury compensation claim for his road traffic accident.

The defendant’s position

Initially the defendant’s insurers accepted liability but then later withdrew admission and offers; on the basis that they believed our client’s case was not genuine.

The third party insurers were contacted and informed our client intended on pursuing a car accident claim despite their concerns and if necessary proceedings would be filed at Court. Unfortunately, the Defendant did not change their mind and continued to claim our client’s claim was not genuine.

How Clearwater Solicitors resolved the matter

The case was referred to Mr Arif who is one our specialist road traffic accident claim litigators.

Mr Airf observed that the defendant insurers failed to inform us of their concerns in regards to the accident for 12 months. Mr Arif then wrote a letter to the third party expressing our disappointment in their misconduct and gave them seven days to respond to us failing which court proceedings would be commenced.

Prior to issuing court proceedings we arranged a conference with Counsel who confirmed he believed our Client’s claim was genuine and we should start court proceedings.

The Defendant’s insurers transferred their file to Keoghs who are personal injury solicitors specialising in fraudulent claims. Mr Arif received a phone call from Keoghs who were claiming they were not aware of the court proceeding and why didn’t we Inform them. Mr Arif directed them to correspondence we had sent and they confirmed that they had received our letter but simply had not actioned it.

Keoghs then claimed we had acted inappropriately and asked us to withdraw judgement; Mr Arif advised we would not be withdrawing judgement because we had followed the correct protocol:

1. S.151 notice had been sent to the defendant, which the court would have served on him under the Road Traffic Accident Act 1988
2. S.152 notice had been sent to the Defendant’s insurer who failed to inform the third party solicitors.

Therefore proving we had taken reasonable steps to bring to the attention of the third party that we were issuing court proceedings and that the misconduct was on their part and not on ours.

The third party initially made an offer of £2700.00 to settle the claim; we advised our client to reject this offer as we believe it to be too low and proposed a part 36 offer of £3300.00. The third party then offered to settle the claim in the sum of £3000.00 which we advised our client to accept as it was within a band of reasonable offers.

Shazad Arif’s comments on the case

Cases such as this are usually straightforward but Mr T’s claim was complicated by the fact the Defendant initially claimed that our client’s claim was not genuine and then claiming they had not received our communication.

The process was extended longer than it should have been, this could have been avoided if we were provided by prompt responses from the other side in return for our prompt responses.

Also due to the unfounded accusations of fraud our client had to go through the inconvenience of having a meeting with a barrister.

Too many solicitors would have discontinued the claim and/or settled at the first offer. However I believed my client and therefore was more than willing to pursue his claim.

How Clearwater Solicitors can help you

Clearwater Solicitors are experienced in handling car accident claims where there the defendants refuse to admit liability and claims where fraud is intimated.

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.