Miss D was correctly cycling along a road in Oxford and as she crossed a junction a taxi pulled out and collided with her causing her to fall off her bike into the road and suffer personal injury. The driver of the taxi asked if she was ok and said it was an accident and drove off. Miss D remembered the taxi registration number and called the taxi firm to complain and report the accident. The taxi company confirmed the drivers details and so Miss P called the police to report the accident. However the taxi driver had already made a statement to the police and didn’t realise he had to stop if an ambulance had not been called. The Police stated that as there were no witnesses no further action by them would be taken.
Miss D attended her GP surgery for treatment to her injuries which were cracked ribs, pain in right arm and wrist and nerve damage to neck, back and shoulder which she was having physiotherapy for.
Miss D took 10 days off work as a result of her injuries and as her her bike was so badly damaged it has had to be thrown away and a replacement was purchased through a work colleague for £100.00.
Hayward Baker Solicitors were instructed to act for Miss D in her claim for personal injury compensation and associated financial losses.
Once Miss D had returned her signed paper work to Hayward Baker allowing them to act on her behalf in relation to the accident claim her solicitor then stated the claim to the taxi drivers insurers via the low value personal injury claim insurers portal.
The insurers acknowledged the claim within 24 hours and 3 days later confirmed that liability was admitted for the accident. This meant that provided that a medical report confirmed that the injuries were as a result of the accident then the insurers have agreed to pay Miss D compensation.
Miss D’s solicitor now took steps to arrange a medical appointment with a Consultant General Practitioner who would examine Miss D and formulate a report upon her injuries and it is this report that will be used as evidence in support of her injuries and to value her claim for compensation.
In the meantime Miss D’s medical records were requested as the consultant would need to see these prior to the medical examination and Miss D was asked to supply her solicitor with details of her financial losses caused by the accident such as medical expenses and loss of earnings.
Once the medical report was received by Hayward Baker it was reviewed by her solicitor to make sure it contained all the relevant facts. The report confirmed that the injuries were consistent with the accident and that Miss D also suffered anxiety when cycling on the roads since the accident. Miss D’s injuries were expected to settle with 8 to 10 months post accident date.
The report was then sent to Miss D for her approval along with a covering letter highlighting the main points that Miss D needed to address. Her solicitor had also valued the claim and stated that she should receive an award of between £3300.00 to £3850.00 for pain and suffering and loss of amenity. As for the financial losses she was claiming for of £135.00 she was advised that because she had no evidence to support these claims like a repair bill receipt for the bike then a court would likely only allow £50.00 against her schedule of out of pocket expenses.
Miss D was happy with the report but explained she was till having physiotherapy and her hand/wrist was still very painful and swollen. Miss D’s solicitor discussed with her whether she wanted to settle the claim now or wait until the period of prognosis expired in 4-5 months time.Because of this decision her solicitor advised that should she still be suffering after the deadline then they would have to get her re-examined by the medical consultant.
After the deadline expired Miss D confirmed that she was still suffering with her hand/wrist and back. A review was organised for her with the medical consultant she saw at her first medical appointment. Unfortunately at this appointment he had access to further medical records and noticed that she had a previous injury to the hand/wrist she also injured in the accident. This means that she may not be able to attribute all of the problems to her hand/wrist as being caused by the recent accident when she was knocked off her bike. The medical expert therefore believes that the problems Miss D now has with her hand/wrist are partly down to the accident and partly down to a previous injury. The medical expert suggested getting a further report from an Orthopaedic Consultant so that an opinion could be obtained as to what the future is likely to be for the wrist injury.
Miss D now had a choice to disclose the original medical reports to the insurers and try to settle the claim now or obtain a medical report from a specialist wrist consultant. A second report was obtained from another expert and he concluded that the wrist injury would on balance of probability take 10 to 12 month post accident to heal and further he believed that any further problems Miss D is suffering would not be attributable to the material accident.
Miss D was sent the reports along with a covering letter and an updated schedule of out of pocket expenses. If she was happy with the reprots and the schedule of expenses she was return the signed approval forms to her solicitor. If she had any further questions or concerns then she was to contact her solicitor as soon as possible.
Miss D approved the report and schedule and asked her solicitor to negotiate the settlement of her claim.
The claim settled for just over £3500.00 which included travel expenses, the £100.00 for the replacement bicycle and medical expenses.