Published in Truckstop News November 2016.

In this issue Steven Hinchliffe of the professional drivers’ “go to” Personal Injury specialists Hinchliffes Solicitors considers “THE OUTCOME FOR THE INJURED DRIVER”

In the last issue Steven Hinchliffe looked at a situation experienced by a reader of Truckstop News, whose Accident resulted in a claim for Personal Injury compensation.  Part 1 looked at the initial steps taken.

You will remember that my client Mr H of Rugby had suffered an accident when part of his load fell and knocked him off the tail lift of his trailer.  His employer’s insurers quickly accepted responsibility for the accident, but immediately tried to tempt him to settle his claim with a low offer of compensation.

CASE STUDY – FALLING LOAD Injures Truck Driver – PART 2

You may recall from Part 1 that this was always going to be a modestly valued claim as Mr H’s injuries were not severe.  Even so, the compensation offer made by the insurers of £1,000 was very low.  In addition the insurers offered to pay all the recoverable legal costs as if the claim had gone through all the usual steps.  This is a tactic adopted by many insurance companies to encourage solicitors with dubious standards to take the money and under-settle their client’s claim.  Such practices encourage fraudulent claims, as criminals could make claims for accidents that never happened in the hope that the other party’s insurers will pay them £1,000 simply to get rid of the claim.

So what happened in Mr H’s case?  Upon our advice he refused to accept the £1,000 offered and we proceeded to obtain his medical records and have him examined by a Consultant in Accident and Emergency Medicine.  His report confirmed that following the accident Mr H needed 1 week off work, and when he returned he could only manage light duties for 2 weeks.  During the initial 2 to 3 weeks he suffered intense discomfort in his right elbow, and he experienced stiffness for a period of 4 months in total, with occasional ongoing episodes of pain.  He also had a minor knee injury, and the expert felt that he may not be symptom free from all his injuries until around 18 months after the accident.

We also took details of Mr H’s modest financial losses, mainly comprising lost wages.  Once he had approved the medical report and schedule of loss we sent copies to the insurers, and following some negotiation were able to settle the claim for just under £4,950 – somewhat better than the sum initially offered!

When asked about his experience of my firm’s service, he kindly said:-

“Very professional and understanding and kept me up to date with every step both times”

His reference to “both times” was in respect of this accident in 2014 and a previous one he had in 2003.  It is gratifying for me and my staff that a client remembers us over a space of 11 years and feels confident in contacting us for a second claim.

BREAKING NEWS – Government puts whiplash reforms on hold

On 12 October 2016 the Government declared that the controversial reforms announced by former Chancellor of the Exchequer George Osborne in his 2015 Autumn Statement would be put on hold.  They were otherwise due to take effect in 2017.

Whether this decision is temporary or permanent is not yet known, but for the time being people injured in an accident where the value of the injuries is likely to exceed £1,000 will continue to be able to seek professional legal advice with regard to making a claim for compensation.  Crucially, this includes those suffering whiplash injuries in road accidents.

Therefore, even if the injury seems relatively minor and whether sustained in a road accident, while at work or from a fall, it is still worthwhile you speaking to a specialist Personal Injury solicitor about your options.

All of my Truckstop News articles appear on my firm’s website at www.hinchliffes.co.uk in the “Latest News” blog link on the homepage.  There is also a search facility to help locate cases dealing with a particular injury or type of accident.

You do not have to be a professional driver to seek our help – anyone hurt in an accident (eg members of your family or friends) can contact us for advice.

Steven Hinchliffe, solicitor and Principal of Hinchliffes Solicitors

© Copyright 2016 Hinchliffes Solicitors

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation.  All cases are conducted on a No Win No Fee and No Risk basis.

Call now on Freephone 0800 138 1348 or by landline 01684 580900 to speak direct to one of our specialist claims lawyers or go to our Start Your Claim  page to submit details of your accident compensation claim online.

If you would like to know what your injury claim may be worth, please go to our Value Your Injury page.

Confused by the claims process?  Please look at our extensive Information Library.

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