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Taxi Driver receives £6505.50 following a lengthy battle for justice

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Accident circumstances

The claimant had finished work and was heading home.He was travelling down Hadley Park Road and was at the roundabout where he had stopped to give way for traffic to his right. The third party failed to observe that Mr K was stationary and he collided into the rear of the claimant’s vehicle.Mr K swapped details with the defendant. The defendant admitted liability at the time of the accident as there were witnesses who saw the road traffic collision. The emergency services were not called.

At the time of the accident Mr K did not take any photographs of the damage to his vehicle. A few days later he took his car to the local garage and got it repaired at the cost of £900. He sent the invoice to the third party insurers.Mr K saw our advert and decided to pursue a personal injury compensation claim. He contacted one of the case openers at Clearwater Solicitors. Unfortunately due to the passage of time Mr Kumar did not have any details for the third party. These details were needed so the claim could be submitted on the portal.The file was accepted by Clearwater Solicitors and we began work on Mr K’s car accident claim.

The Defendant’s position

The Defendant’s insurers were notified on the portal our client wished to pursue a claim.The third party did not respond in time to the claim when it was submitted onto the portal. This meant that the claim had fallen off the portal. When the third party were asked about this they stated that they were still investigating the claim and eventually confirmed they did not believe Mr K could pursue a road traffic accident claim because they did not believe he was injured. Their argument was if he was injured he should have brought a claim immediately not 2 years later.

How we resolved the case

The claim was transferred to the litigation team at Clearwater Solicitors.

–        The third party insurers got in contact and they eventually accepted liability. However, they maintained that Mr K could not have sustained any injury.

–        This meant that Mr K had to prove that his injuries were sustained as a direct result of the defendant’s negligence.

–        Mr K was sent for a medical examination and the medical expert believed that the Claimant’s injuries were caused by the accident.

The medical report was disclosed to the Defendant’s insurers who made offers of settlement.

Our comments in relation to the case

The Defendant’s position was that the Claimant was basically making a fraudulent claim as they did not believe he was injured. Therefore, it was extremely important that we pursed the claim on behalf of Mr K. If Mr K did not pursue his claim any subsequent claim he made would always be viewed with suspicion and he could have been refused cover for household or motor insurance.We are seeing a rise of Defendant’s stating they do not believe a Claimant was injured just because he delayed in making a claim. Our response is that the limitation period is 3 years and therefore our client can pursue a claim at any stage during the 3 years.

How can Clearwater Solicitors help you

Clearwater Solicitors is experienced in handling car accident claims where there the Defendant’s refuse to share information 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.

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