Our client was a Tipper Truck Driver who had just left a roundabout when the driver of another vehicle, who was in the wrong lane, tried to leave at the same exit. The other driver mounted a grass verge and tried to cut in front of our client, leaving him unable to avoid a collision. He sustained injuries to his neck and shoulder, which left him unable to work for 3 days and he required rehabilitation treatment to assist his recovery. We were able to recover personal injury compensation for him of £3,500.
A brief summary of events is set out below.
Date of Accident: March 2016
Time between formal instruction and successful conclusion: We took on the case in May 2016 and settled it just 7 months later.
How the claim proceeded: Having received our client’s full instructions, we contacted the other driver’s insurers with a formal claim, detailing the accident and why their driver was responsible for our client’s injuries. At the time of the accident, the other driver had written down his registration number, vehicle details, name and telephone number for our client. Strangely, when the insurers responded, it was to tell us that their insured driver was denying any involvement in the collision. At this time we also began to make arrangements for our client to see a court appointed GP, who could provide an opinion on his injuries and prognosis for recovery.
The insurers refused to give us a liability decision unless we could provide further proof that their insured was involved in the accident. We began to investigate and discovered that when writing down his details for our client, the other driver had not written the registration number clearly and part of it could have been interpreted as two different letters. We therefore searched for the alternative registration number and contacted the insurers of that vehicle to see if it was in fact their insured who was involved in the accident, which it was.
In August 2016 we received a comprehensive written report from the medical expert, the contents of which described that our client had suffered severe symptoms from his injuries for 4 weeks following the accident, after which time the symptoms became mild and intermittent. The expert’s opinion was that all symptoms were likely to settle fully within 8 months of the accident, but a course of 6 sessions of physiotherapy would assist his recovery.
In September 2016, having received the medical evidence and compiled a schedule of our client’s financial losses, we were then able to fully value his claim for compensation. With his approval, we put forward a settlement proposal to the insurers. They responded with a low counter offer, which we advised our client to reject and it was a further 2 months before the insurers finally put forward a sensible offer, which our client was happy to accept.
Were Court proceedings necessary?: No.
Outcome: The client secured £3,250 for his injuries and £250 for his financial losses, including the cost of physiotherapy treatment required to assist his recovery.
Comment: Finding yourself in the wrong lane to exit from a roundabout is a common enough experience, particularly if you are unfamiliar with the road layout or area. The sensible decision would be to continue around the roundabout, moving into the correct lane as you do so and exiting when coming around for a second time. However this driver thought that the best course of action was to drive across a grass verge and cut in front of our client to exit the roundabout, not only causing a collision but also causing him injury. If he had just taken a little more time and displayed more care and attention whilst on the road, this accident would never have happened.
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