Our client drove over a large pothole in the road, as a result our client suffered injury and loss.
Our Client’s Injuries:
Soft tissue injury to lower back and coccyx.
What did Hayward Baker do to help?
Alison Spriggs one of our senior clams handlers took on the case on a No Win No Fee basis and ran the claim via the low value personal injury insurers on-line portal.
The defendant (the local County Council) initially denied responsibility for the accident on the basis that they had complied with their legal obligations regarding the road surface.
For our client to be compensated Alison had to prove that the County Council did something wrong in law, which in this case would be to have breached the Highways Act 1980. The burden of proof was now on us.
The Council provided documentary evidence that they had as reasonable system of inspection in place and that at their last inspection there was no defect. However, numerous witnesses signed statements that the defect was there at the Councils last inspection and had also been reported to them in October 2015 and was not repaired until May 2016. The accident being April 2016 mean’t that the defect must have been present at the last Council inspection.
Having received the witness statements form Hayward Baker the Council admitted liability for the accident subject to medical evidence to prove our client’s injuries.
Alison obtained copies of our client medical records and arranged a medical appointment with an Orthopaedic Consultant who after examining our client formulated a report upon his injuries. It was this medical report that proved our client’s injuries and aided Alison in valuing the claim.
The medical report highlighted a number of out of pocket expenses that our client could claim and these were:
- Motor vehicle repairs
- Medical expenses
The above items were added to our client’s special damages schedule and upon approval from our client were sent to the insurers along with the medical report and asking that they make an offer in settlement of the claim.
Alison settled our client’s claim after receiving a fair offer for £3,250.00 from the defendant insurers.