9th June 2015
If you have decided to make a compensation claim following a personal injury then you may be wondering where to…
Mr B was driving along Chorley New Road in Bolton. A vehicle in front of him was turning left into a side road. Mr B proceeded to go around this vehicle. Another vehicle pulled of the side road and collided into him. This was unavoidable because the vehicle in front of him was blocking his view down the side road. Mr B searched for personal injury solicitors in Bolton and he found Clearwater Solicitors. The file was accepted by Clearwater Solicitors. Mr B’s vehicle was inspected by engineers and they recorded it as a total loss. They valued his pre accident vehicle damage at £1575.00. Mr B accepted this valuation.
The third party were contacted by our personal injury solicitors and they advised that liability was in dispute because they did not have a clear description of the accident. The third party stated that they would look to settle Mr B’s road traffic personal injury claim via 50/50 split liability. This meant that Mr B was 50% at fault and he would only receive 50% of all compensation.
They argued Mr B should have waited for the vehicle in front of him to turn left and not overtake on diagonal chevrons (which should only be used in emergencies). They accepted that their insured should have waited until the vehicle in front of our client had completed the left turn to see if there were any cars coming from behind. Therefore, they argued both drivers were at fault and liability should be split between the 2 parties.
Mr Yaqub instructed an agent to obtain a locus report and instructed Counsel.
– Counsel advised that if the locus report did not favour the client i.e. if he did drive over the chevrons the 50/50 offer should be accepted
– Unfortunately, the locus report confirmed that if our client was overtaking a vehicle then he would have had to drive over the chevrons.
On this basis we recommended to our client he should accept the 50/50 offer as it was unlikely he would recover more at trial. Mr B accepted our advice and the 50/50 offer.
Clearwater Solicitors are experienced in handling car accident claims where the defendants 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.