Mr E was cycling correctly along the A404 in Harrow on the Hill when a lorry tried to over take him but pulled in too early knocking him off his bike and into the road causing him personal injury. The driver of the Lorry failed to stop but Mr E took called the police who managed to trace the driver using CCTV footage. Mr E suffered grazes which left scarring on his left leg, injuries to left thigh, hip and elbow. In addition his bicycle, crash helmet, cycling trousers and head camera were damaged and the cost to replace was over £900.00.
Mr E instructed Hayward Baker Personal Injury Specialist Solicitors to make his claim for compensation and they contacted the defendant insurers via the on-line insurers portal on 19 August 2015 setting out the reasons that their insured (the lorry driver) was at fault. The allegations were as follows:
‘You failed to observe or heed the presence of our client?s correctly proceeding cycle and encroached or attempted to encroach upon our client?s traffic lane when it was unsafe to do so. You failed to drive, steer, brake or control your vehicle in such a way as to prevent the collision.
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.’
The insurers acknowledged the case with 24 hours and after a short investigation period admitted liability for the accident on 11 September 2015.
Mr E’s solicitor contacted him with the good news that there was no liability dispute and that they were now going to arrange a medical appointment for him so that he could be examined and the consultant could then formulate a report upon his injuries. This report would be used as evidence in support of his injuries and by the solicitor to value his claim.
Once the medical report was received it showed that the injuries were consistent with the material accident and that a course of physiotherapy was required to help resolve the injuries with his left knee. At the appointment Mr E had complained of still feeling shocked and shaken and was referred to a clinical psychologist.
Hayward Baker arranged the physiotherapy and an appointment with a psychologist and these would be paid for by the defendant insurers.
Once the course of physiotherapy was completed a report was sent to Hayward Baker outlining how the treatment went. In addition the Psychologist report was received and this was attached to original medical report and the physiotherapy feedback and sent to Mr E for his approval along with an updated schedule of his out of pocket expenses. If Mr E was happy with the reports and the schedule he was asked to sign the approval forms and send theses back to his solicitor.
Mr E approved the reports and schedule and the next stage was to disclose these documents in full to the defendant insurers and ask that they make an offer in settlement of his claim. Mr E’s solicitor wrote to him first setting out what the claim was worth which was between £3600.00 and £4400.00. Mr E was asked if he was happy with the valuation and if so that he signed the authority to settle the claim and send this back to his solicitor.
Mr E was happy with the valuation and his claim finally settled for £4005.00.
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