Our client was a passenger in a car which was stationary at a T junction, when it was suddenly hit from behind by another car driving at speed.  She sustained injuries to her neck, upper back, chest, right shoulder, arm and knee and suffered ongoing symptoms for more than 3 years following the accident.  We were able to recover personal injury compensation for her of £17,000.

A summary of events is set out below.

Date of Accident:  November 2012

Time between formal instruction and successful conclusion: We took on the case in November 2012 and settled it in May 2016.  This case took some time to settle due to the nature and extent of our client’s physical and psychological injuries.

How the claim proceeded: Having received our client’s full instructions, we sent a formal letter of claim to the other driver’s insurers, sent for copies of her medical records and made arrangements for her to see an A & E Consultant.  Just 2 weeks later we received an admission of liability for the accident from the insurers, along with a very low pre-medical offer to settle the claim and an offer to fund rehabilitation treatment to aid our client’s recovery.

By March 2013 we had received a written report from the A & E Consultant stating that all of our client’s symptoms should have settled within 12 months of the accident, with the aid of physiotherapy, a course of which she had already begun via her own GP.  We advised her to reject the insurer’s pre-medical offer and put the claim on hold until her rehabilitation treatment was complete.

In August 2013 our client was still suffering extreme nervousness when travelling on the road and complaining of significant pain in her neck and right shoulder, together with numbness in her right arm and pins and needles in her right hand.  Her GP therefore referred her to an NHS Consultant for an MRI scan to investigate her symptoms further.

Once the MRI scan was completed, we arranged for it to be reviewed by the A & E Consultant previously appointed. He also examined our client again and provided us with an updated medical report.  It was exactly 12 months since her first examination with him, and having reviewed the MRI scan, he felt it showed no cause for her symptoms and that her psychological injuries were the likely cause of her ongoing pain.  If she had not made a full recovery within the next 12 months, his opinion was that she should be examined by a Psychiatrist.

As our client’s condition did not appear to be improving, despite physiotherapy treatment, the insurers requested she undergo a rehabilitation assessment funded by them, the results of which recommended a Psychological evaluation be arranged.  The report from the insurers Psychologist suggested our client undergo treatment sessions for post-traumatic stress disorder and pain management, funded by them.

By June 2015 the rehabilitation treatment was complete and we received a final report, indicating our client had made a 20% improvement in her recovery, but was still experiencing pain in her left arm, shoulder and neck requiring regular painkillers.  As more than 12 months had passed since the A & E Consultant we appointed had suggested she might fully recover, we made arrangements for her to see a Psychiatrist.

In September 2015 we took steps to issue Court Proceedings against the other driver, as the 3 year deadline for doing so was fast approaching and it was necessary to protect our client’s position as we were not yet able to fully value her claim.

A month later we received the Psychiatrist’s written report, who was unable to explain our client’s ongoing physical symptoms, but did not feel that psychological factors were the cause, he also indicated she should overcome her travelling anxiety within 4-6 months.  We referred the report back to the A & E Consultant who had twice previously examined our client for his final opinion of her prognosis for recovery.  He stated that if her physical symptoms had not settled within 2 ½ years of the accident, it was most likely she would be left with some degree of permanent neck and shoulder pain.

Once in receipt of concluding medical evidence we could value our client’s compensation claim and put forward a settlement proposal to the insurers.  In May 2016 the insurers responded with a sensible counter offer to settle the claim which our client accepted.

Were Court proceedings necessary?: Yes.  Although liability was admitted for the accident, it was necessary to issue court proceedings against the other driver to protect our client’s position, as we were unable to settle the claim within 3 years of the accident date.

Was a trial necessary?: No. Although the issued court proceedings were served on the other driver in December 2015, we managed to settle the case before a trial date was set.

Outcome:   The client secured £16,500 for her injuries and £500 for her financial losses, including travel expenses for visits to various medical appointments.

Comment:  Whilst rear end shunts are a common form of road accident, the extent and nature of injuries and long term symptoms suffered can often be complex.  If the driver of the other vehicle had been displaying more care and attention whilst on the road, our client would not have been left with some degree of permanent injury.

PERSONAL INJURY CLAIM SOLICITORS:-

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