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Unsuspected shopper involved in road traffic accident on his way home settles claim after three years

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Accident circumstances

Mr S the Claimant was correctly proceeding along Foleshill Road when the defendant overtook the claimant’s vehicle. Without completing the overtake manoeuvre the defendant pulled in and collided into the front of Mr S’s vehicle. After the accident the defendant got out of his vehicle and looked at Mr S’s vehicle. He then went back to his car and he stated that he was going to park. The defendant then drove off.

The police attended the scene and this was reported to them. There was damage to the front drivers side wheel and arch, the bumper was broken and the driver’s side light was also broken. An engineer did a report on the car and he advised us that the total damage was to the value of £1750.07.Mr S decided to pursue a car accident claim and searched for a personal injury solicitor to represent him. He contacted Clearwater Solicitors to pursue a car accident claim.

Defendants Position

The defendant did not report the accident to his insurers. The defendant’s policy was a fleet policy so the driver was unknown. The claim fell out of the Portal as the third party insurers advised us that the claim required further investigation. Mr Ahmed from Clearwater Solicitors portal team spoke to the third party insurers and they advised that they were not willing to release any payments for vehicle damage or decide on liability until they received a full report from their insured.

How we resolved the case

The case was transferred to Mr Yaqub from the Clearwater Solicitors litigation department.

–        Mr Yaqub advised Mr S that unless he could provide a witness he believed his case would have to be settled as a 50/50 split liability case. Mr Yaqub also advised Mr S that they should put forward a 50/50 split liability offer to the third party insurers. Mr S agreed that this was a good idea.

–        A 50/50 split liability offer would mean that for every £1 he was awarded he would receive 50p.

–        The third party insurers agreed to deal with the claim on a 50/50 split liability offer.

–        Mr S attended a medical assessment and the expert stated that he suffered symptoms of moderate shock, moderate pain, stiffness and discomfort to the neck and lower back.

–        When the medical report was sent to the third party they made an offer to settle the claim for the sum of £2100 in terms of general damages.

–        This was accepted by Mr S but because the offer was a 50/50 split liability offer he received £1050.

–        The engineers report for Mr S’s car was then resubmitted to the third party. This confirmed to them that the vehicle was a total loss with a value of 1750.07.

–        Matters were then complicated because Mr S had sold his vehicle still damaged privately for much less than the market value but he didn’t have a receipt for proof of sale.

Mr Yaqub dealt with this problem superbly and the third party agreed to pay the sum of £1705.07 advised by the engineer’s report. They agreed to pay 50% i.e. £852.54 because Mr S sold his vehicle at an undervalued price because it was damaged.

How can Clearwater Solicitors help you?

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