Mr E was travelling along Southstoke Road in Bradford and as he reached the crossroads with Bradford Road towards Entry Hill a car attempted to turn right out of a side junction across his path causing a collision between the two vehicles. As a result of the collision Mr E was thrown from his motorcycle onto the road causing him injury to his right hand, left knee, leg, back and neck.
Mr E instructed Hayward Baker Solicitors to pursue his claim for personal injury compensation.
Mr E’s solicitor made the claim against the car driver through the insurers low value portal on-line and the allegations against the car driver (Defendant) were as follows:
“The reason why we are alleging fault is that the Defendant:-
a) failed to heed the presence of the Claimant
b) failed to slow, stop, swerve, steer or otherwise manoeuvre properly or at all so as to avoid colliding with the Claimant’s motorcycle
c) drove too close to the Claimant’s motorcycle to stop in time or at all
d) failed to give way at a junction
e) drove into collision with the Claimant”
The Defendant insurer’s initially denied liability for the accident and said the bike went across their path. However at the scene the police and a witness to the accident see the fault lying with the car driver. Hayward Baker stated that they would request a copy of the Police report which the defendant insurers say they do not have so they obtain the report direct from the police themselves. Hopefully the report will shed some light on who is at fault for the accident.
The police report was received by Mr E’s solicitor after a four week wait, the contents stated that the defendant vehicle had pulled out of the junction at speed and hit the motorcyclist. The report even contained the name and address of the witness but this had been blanked out from the copy police report. Mr E’s solicitor could not see how the defendant insurers could be denying liability for their insured on the basis of this report.
Mr E was receiving physiotherapy for his injuries and was getting quotes for the repair to his motorcycle. Hayward Baker now have a witness statement and are due to send the defendant insurers a copy of the police report and ask they they reconsider their position on liability. Mr E has now been told by the hospital that a previous back injury has been made worse by the accident and he has been prescribed stronger pain killers.
Hayward Baker request copies of Mr E’s medical records from both his GP and the hospital he attended due to the accident. Once the records are received and have been reviewed by by Mr E’s solicitor then a decision will be made as to what medical expert to instruct who will examine Mr E and formulate a report upon his injuries. This report will be used in support of his injury claim and for valuing the same.
Having received the police report Hayward Baker have sent a copy to the defendant insurers . Having perused the Police report the defendant insurers have now conceded and have admitted liability in full for the accident.
The next step is to obtain the medical evidence (medical report) and to draft a schedule of out of pocket expenses (Schedule of Special Damages) which would include a claim for repair to the damaged motorcycle and travelling expenses to and from medical appointments.
Two medical reports were required as the first report stated that Mr E required further treatment for his back injury. Mr E had over 8 months of suffering due to his back injury and had a total of 8 days off work due to the pain. The other injuries minor in comparison had fully healed by this time.
Once Mr E had approved the final medial report and his Schedule of Special Damages his claim was disclosed in full to the defendant insurers asking that they make an offer in settlement of his claim. The vehicle damage had already been received so this was not part of the negotiation on settlement.
An offer was made by the defendant insurers for just under £2500.00 to include compensation for injuries sustained as a result of the accident and out of pocket expenses. However Hayward Baker thought that the offer was a bit low so in agreement with Mr E a counter offer was made of £3000.00.
A final offer of £2800.00 was agreed between both parties.
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