Our client was a car driver who was travelling along a main road, when a car parked in a bus lane suddenly pulled out and drove into the passenger side of her vehicle.  She sustained injuries to her lower back and left wrist and required rehabilitation treatment to aid her recovery.  We were able to recover personal injury compensation for her of £5,500.

A brief summary of events is set out below.

Date of Accident:  December 2013

Time between formal instruction and successful conclusion:  We took on the case in January 2016 and managed to settle it in January 2017.

How the claim proceeded: As the driver of the other vehicle had previously admitted he was responsible for the accident, his insurers were already dealing with a claim for our client’s vehicle damage.  As there was no issue over liability, we sent the insurers a formal letter detailing our client’s claim for compensation due to her injuries.  Whilst waiting for a response, we made arrangements for our client to see a court approved GP, for a professional opinion and prognosis of her injuries and ongoing symptoms.

In July 2016 we received the medical expert’s written report, which noted that whilst our client had received a short course of physiotherapy treatment, she was still suffering painful symptoms in her back, so he recommended she be examined by an Orthopaedic Consultant.  At this time we were also contacted by the insurers, requesting medical evidence to substantiate our client’s claim for compensation for her injuries.  With our client’s authority we sent them the initial medical report from the GP and notified them that we would be making arrangements for her to see an Orthopaedic Specialist as recommended.

In October 2016, whilst waiting for our client to see the Orthopaedic Consultant, we took steps to issue Court Proceedings against the other driver.  As we had been unable to settle the claim within 3 years of the date of the accident, and with the deadline approaching to do so or issue court proceedings, it was imperative we protected our client’s position.  However, when we submitted the appropriate paperwork to the court, we also requested that they suspend the proceedings for 3 months once issued, whilst we awaited further medical evidence.

By November 2016 we were in receipt of the Orthopaedic Consultant’s written report, who commented that whilst our client had continuing symptoms, these were not accident related and all symptoms that had related to the accident would have settled within18-24 months.  With this prognosis we were then able to fully value our clients claim for compensation and put forward a settlement proposal to the insurers.  After a short period of negotiation the insurers offered a realistic sum to settle the claim which our client was happy to accept.

Were Court proceedings necessary?:  Yes.  Whilst court proceedings were issued to protect our client’s position, they were not served on the other driver as a stay of proceedings was in place whilst we awaited further medical evidence.

Was a trial necessary?:  No.  As proceedings never progressed beyond being issued, a trial date was never set.

Outcome:   The client secured £5,500 and received her compensation just 13 months after we took on her case.

Comment: Clearly the driver of the other vehicle was not paying proper attention and checking for other traffic before pulling out of the bus lane.  Fortunately, whilst the impact of the accident resulted in our client’s vehicle being written off, her injuries were not life changing or permanent and she was able to make a full recovery.

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 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.

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