Mr S was cycling his bicycle down Plaistow Lane in Bromley when a taxi driver opened his car door into him and as a result Mr S was knocked off his bike into the road. Mr S suffered a personal injury to his arm and shoulder as a result.
Mr S was taken to the local hospital for treatment to his injuries where it was confirmed that no bones were broken and he had only suffered soft tissue injuries. The accident was reported to the police.
Mr S was unable to cycle for 11 weeks and was out of pocket as he was having to rely on public transport. In addition his bicycle was beyond economical repair and a replacement bike would cost him well over £700.00.
Mr S wanted to make a personal injury claim and so he instructed Hayward Baker personal injury solicitors to act on his behalf in pursuance of compensation for his injuries and associated losses.
As Mr S’s claim was valued below £25,000.00 his claim was run via the online portal for low value road traffic accidents.
The car drivers insurers denied liability for the accident by saying that the door was already open and Mr S failed to spot this and rode straight into it. Hayward Bakers allegations for Mr S 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 manage or control the door so as to avoid a collision
Mr S also had witnesses to the accident and Hayward Baker contacted all of them and took a statement from each one. Still even with witness statements and a medical report evidence confirming Mr S’s injuries were consistent with the material accident the insurers still did not retract their denial.
Hayward Baker tried everything to convince the insurers that unless they admitted liability they would issue proceedings and take the matter to court and let a judge decide. Court proceedings were issued.
The Court proceedings were gathering steam and although liability was disputed and although this was their stance, the insures offered to settle for £3,000.00. However, on his solicitors advise Mr s rejected the offer.
The insurers acknowledged the rejection of their offer and finally accepted Hayward Baker Solicitors counter offer of £3,750.00 in full and final settlement of Mr S’s claim.