Our client was using a pelican crossing and the green light was in her favour. She had taken approximately two steps onto the crossing when the defendant drove into our her causing her to suffer injury and loss.
Our Client’s Injuries:
Fractured right leg and anxiety.
How Hayward Baker Solicitors helped:
We took on the case on a No Win No Fee basis and the claim was run by one of our senior solicitors.
We wrote to the defendant insurers blaming their insured for the accident but did not receive a response at the end of the period in which they had to investigate the claim before reaching a decision on liability. We had to assume liability was denied and carry on accordingly. A short time later a liability decision was received from the insurers and they stated that liability was denied due to:
- The green light at the pelican crossing was in favour of the defendant
- A witness stated that our client stepped back into the road after crossing
We discussed the above with our client and a copy the police report she had been given showed that a 14 year old witness stated that the driver was at fault as he turned the corner fast and whilst our client was still in the middle of the crossing he ran her over. With an independent witness statement given to the police we asked the insurers to reconsider their position on liability.,
The insurers did not concead their position on liability so we continued to obtain medical evidence to show that our client’s injuries were consistent with the material accident. Once we had adequate medical evidence from an Orthopaedic Surgeon we asked our client to approve the report.
Once we had our client’s approval and permission to disclose the medical reports to the defendant insurers, we sent copies to them asking if they are willing to change their stance on liability. We did not hear from the insurers so we assumed liability was still denied and therefore issued Court proceedings and would let a judge decide who was fault.
Our client was still receiving medical treatment for her leg so the medical expert could not yet give a final prognosis until he examined our client’s leg after her course of treatment. During this time the defendant insurers came back with an offer to settle our client’s claim in full without the final piece of medical evidence.
We contacted our client regarding the insurers offer and explained that she had 1 of three 3 choices to make regarding the offer in full and final settlement of her claim:
- Accept the offer and this will be in final settlement of her claim. As she had outstanding medical evidence the risk here was that the claim could carry a risk of undersettlement
- Negotiate an increased offer but again this carries a risk of undersettlement as the defendant insurers have stated that the offer is not a starting point for negotiation so will not negotiate an increase at this stage.
- Reject the offer and continue obtaining further medical evidence. Waiting for the evidence does not mean that the offer would not increase as the value of the claim is the injury and how long it took to resolve not the duration of the claim itself.
Our client accepted option one and the claim came to an end.
Our client received £40,000.00 in full and final settlement of her claim.
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