Our client was travelling as a rear seat passenger in her fathers car when the Defendant turned her vehicle across their path causing an offside impact to our client’s correctly travelling vehicle.
As a result of the road traffic collision our client suffered personal injury.
Our Client’s Injuries:
Whiplash injures to her neck and back. Headaches and fear of travelling.
What did Hayward Baker Solicitors do to help:
One of our senior claims specialists agreed to take on the claim and wrote to the Defendants insurers blaming them for the accident due to the following reasons:
You turned right across the path of the vehicle in which our client was a passenger. You failed to observe or heed the presence of or approach of that vehicle and failed to give passage to the same.
All road users have a duty of care to ensure they do not use the road in a manner that presents a reasonably foreseeable risk of causing danger and/or injury to other road users. You failed to do this and your driving was therefore negligent in law.
After a short period of investigation the Defendant insurers admitted liability for the accident on behalf of their insured subject to medical evidence.
Medical evidence was obtained by arranging a medical appointment with a General Practitioner for the physical injuries and a Psychologist for our client’s anxiety.
Once our client had been examined the medical experts each formulated a report upon her injuries which confirmed that the injuries were consistent with the accident.
A course of Cognitive Behavioural Therapy (CBT) was recommended to deal with the anxiety and was paid for direct by the insurers.
The medical report highlighted the number of journeys to and from the medical experts, visits to her GP and CBT treatment and these expenses were claimed for on her schedule for out of pocket expenses (Special Damages).
As our client was under the age of 18 her Mother acted as her Litigation Friend (an appointed adult to make decisions on her behalf).
The value of compensation will be assessed by the Court due to her age.
The assessment of compensation by the court will be made, to a large extent, on the medical evidence. That assessment will be based on this individual case, as each claim is unique. Nevertheless, some guidance on the appropriate level of compensation can be obtained from previous cases and that enables an estimate to be made of the likely award.
Our client was awarded £10,325.00 in compensation.