Mr J was stationary on his motorcycle at a set of traffic lights on the A3M in Hampshire when without warning a car behind him failed to stop and as a result collided with Mr J causing him to suffer personal injury to his neck, shoulder and mid and lower back.
Mr J instructed Hayward Baker Personal Injury Solicitors to act for him in his claim for personal injury compensation.
Hayward Baker submitted the claim to the car drivers insurers via the low value personal injury claims in road traffic accidents on-line portal.
The allegations 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 keep a proper lookout
c) failed to stop, to slow down, or to steer, manage or control the van so as to avoid a collision
d) drove too close to the Claimant to stop in time or at all”
The insurers acknowledged the claim immediately and said they would now investigate the claim. less than 3 weeks later the insurers confirmed to Hayward Baker Solicitors via the portal that liability is not in dispute. This meant that provided that the medical report conforms Mr J was injured as a result of the accident, then they have agreed to pay him compensation.
Mr J’s solicitor informed him by letter of the liability decision and told him that they would now be taking steps to arrange a medical appointment for him with a General Practitioner who will examine him and formulate a report upon his injuries. It will be this medical evidence that will help demonstrate the injures sustained in the accident. before any appointment is arranged M J was asked to update his solicitor as to whether he was still suffering symptoms as a result of the accident, if so what are these symptoms, is he taking any medication and is he having any treatment at hospital or through his GP.
Mr J called his solicitor and informed them that ass his back pain was getting worse he was going to see his GP about arranging a course of physiotherapy. Mr J was also collating evidence for his out of pocket expenses part of the claim and had already provided his solicitor with pictures of the damage to his motorcycle protective clothing. if possible Mr J was asked to provide any receipts for the damaged clothing along with any other receipts of items purchased post accident like drug prescriptions and travelling expenses.
Having heard back from Mr J about his current symptoms his solicitor arranged a medical appointment which he attended and the a few weeks later the report arrived with his solicitor. The consultant had confirmed in the report that the injuries Mr J suffered were as a result of the accident and that he recommended a course of physiotherapy. The physiotherapy was arranged by his solicitor and in the meantime Mr J was asked to update any out of pocket expenses he may have to add to his schedule of losses and if he was happy with the report to sign and return the approval form to his solicitor.
Mr J duly updated and returned his out of pocket expenses schedule and had added his latest travel expenses to and from the medical appointment and receipts for car hire immediately after the accident which he needed to get to and from his place of work.
Mr J was asked whether he wanted to settle the case after he has received his course of physiotherapy or wait until the date suggested in the medical report of when his injuries will be fully healed. Mr J decided that he would settle as soon as his physiotherapy treatment was completed.
Once the course of physiotherapy had been completed a report of Mr J’s treatment was sent to his solicitor and the report stated that his mobility and function had improved and now had minimal pain. Mr J agreed with the content of the report and that he only had the odd aches and pains so costs of the course of physiotherapy was added to the out of pocket expenses schedule along with travel to and from the appointments. Mr J signed and returned the approval form to settle his claim.
An offer was put forward to the insurers as agreed with Mr J for £4850.00 and the counter offer made by the insurers of £4282.26 was accepted by Mr J in full and final settlement of his claim.
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