20th March 2020
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Three of our clients were passengers who were involved in a road traffic accident. They were on their way to the driver’s mother’s funeral. The defendant failed to observe and collided into the vehicle our clients were in. at the scent of the accident the driver and the defendant got out of their cars and approached one another, the defendant admitted liability. The Claimant’s did not initially pursue a claim but after seeing our advert on television 2.5 years later they decided to contact our experienced personal injury solicitors.They felt satisfied with the advice our case opening team gave and instructed us to peruse their car accident claims.
The third party initially failed to provide us with a response to liability which meant that we had to issue court proceedings to protect our client’s position as limitation was approaching. When they did respond they advised they believed our clients claim was fraudulent. In addition, they believed that the claims were statute barred and to close our file of papers.
The case was then transferred to Sarah Manders who specialises in complex claims
– Sarah wrote to the third party solicitors explaining that we had issue protective proceedings and our clients therefore had a further 4 months to serve proceedings.
– Once the third party solicitors realised our client’s claims were not statute barred they advised they no longer believed our client’s claims were fraudulent and confirmed they would settle our client’s claims.
The third party then put forward a part 36 offer in the sum of £3000.00 for each client.
This should have been a straightforward case, firstly because the drivers claim had been settled without any issue. The fact that the third party, in the end, put forward offers to the settle the case suggests they acknowledged their mistake, which could have been avoided, had they reviewed there file properly. I believe the insurance industry use cases such as this to espouse their belief that they are dealing with an endemic of fraudulent claims. Our clients were more than willing to attend Court as were the extend family who would confirm our clients were attending a funeral and they were injured.
It was very disheartening for clients when the third party alleged they are not telling the truth, for many weeks and months our clients are put through unnecessary stress. We believed our clients were genuine and it was very satisfying to have cleared them of the insinuations of fraud.
Clearwater Solicitors are experienced personal injury solicitors and specialise in car accident claims where the third party are alleging fraud. If you have been involved in an accident, contact Clearwater Solicitors on 08000 430 430 for a free consultation or click here to request a call back.