Mrs C was a passenger in a vehicle driving along a mountain road in Sweden. Her driver was on the left hand side of the road but should have been on the right hand side of the road when driving in Sweden. An oncoming vehicle emerged round a hair pin bend and the two cars collided head on. As a result of the crash Mrs C suffered soft tissue injuries to her neck and chest, concussion/head trauma causing headaches and nausea, injuries to her knees and ankles and a temporary loss of hearing and had eye damage requiring a new optical prescription.
Mrs C had to be cut free from the car and was taken to the local hospital for treatment and took 6 and a half months off work as a direct result of her injuries.
Mrs C instructed Hayward Baker Personal Injury Solicitors to act on her behalf in her claim for personal injury compensation and associated financial losses.
Normally Hayward Baker Solicitors would contact the drivers insurers via the on-line Road traffic Accident Insurers Portal but as the accident happened in Sweden the matter had to be dealt with outside of the portal. The first thing her solicitor did having received all of Mrs C’s signed paperwork was to write to the driver and his insurers stating why he was to blame for the accident. The letter containing the allegations as set out below was sent 15 days after Mrs C first made contact with Hayward Baker.
The defendant failed to keep the vehicle under any or any proper control and drove it in such a way that endangered other road users, in particular our client who was a passenger in the vehicle. The driver failed to drive, steer, brake or manage and control the vehicle in such a way as to prevent the vehicle from colliding with another vehicle and in doing so failed to have due regard for our client. As a result of the defendants erractic driving style, our client sustained personal injury, loss and damage.
Whilst awaiting a response from the defendant’s insurers Mrs C’s solicitors obtained copies of her medical records from the hospital, her GP and dentist. These would be reviewed and sent to a medical expert in due course.
A letter from the defendant (driver of Mrs C’s vehicle) had now responded by letter stating that he had informed his insurers of the claim and he enclosed details of the same in his letter. The insurers who had now been chased for an acknowledgement by Hayward Baker had now been contacted by telephone for a response. The insurers stated in the phone conversation that the matter had been passed to a higher authority due to the seriousness of the accident and the matter was being investigated.
In the meantime Mrs C’s solicitor had received numerous copy medical records and was arranging a medical appointment for Mrs C with an Accident and Emergency Consultant who would examine her and then formulate a report upon her injuries. it was this report that would be used to support Mrs C’s claim and would also allow her solicitor to value the claim for compensation.
Again Hayward Baker called the insurers to chase up progress of the investigation but were now told that the matter was being dealt with in the wrong department as it had been sent to the RTA insurers on-line portal. This error on the insurers behalf has caused a significant delay in the processing of the claim and then only two weeks later the insurers called stating that they had now passed the claim to a different team causing yet another delay.
A month later the insurers finally corresponded with Hayward Baker by letter stating that liability has been admitted which meant that as long as the medical report confirms that her injuries were a s a result of the accident then the insurers have agreed to pay Mrs C compensation.
Mrs C was now receiving physiotherapy for her neck and knee injuries which would be paid for by the defendant insurers. Another 4 sessions were now required and the insurers agreed to this immediately as long as it is mentioned as being reasonable in the medical report.
Mrs C had now been to see her dentist who recommended that the tooth which was cracked in the accident required a new crown. Hayward Baker would make sure the dental report would be included within the main medical report by the A and E Consultant. Dental records were now requested.
A medical appointment date has now been received and the client is able to attend at the suggested time and date. Any travel expenses incurred would be recoverable as part of her out of pocket expenses part of her claim. Unfortunately yet another delay as the medical consultant who was to examine Mrs C has himself been admitted to hospital. Another appointment was made as a priority with another expert in the same field. Four months had been lost due to the need to change experts although this could not be helped.
A new appointment was made and Mrs C attended and the report followed in the post shortly afterwards in the post to her solicitor. The report confirmed that the injuries were caused by the accident and the consultant recommended that Mrs C be seen by a Psychologist for her Psych symptoms and should her head injuries not fully recover with 198 months post accident date then she should see a Neurologist. As for her visual symptoms she was referred to a Ophthalmologist.
Mrs C was sent a copy of the report and was asked to sign the approval form if she was happy with it. A few minor discrepancies were identified by Mrs C and these were subsequently amended by the consultant.
Appointment s were arranged with the Ophthalmologist who recommended a new eye prescription. An appointment with the ENT department at her local hospital was booked and the result of the examination the prognosis was good and there should be no long term problems. As for the psychological problems Mrs C attended a few sessions of CBT. Another appointment was made with a dental expert regarding her damaged tooth. Numerous amendments and follow up appointments were undertaken and eventually Mrs C was happy with her final prognosis and was now asked to confirm that she has supplied her solicitor with all details of all her out of pocket expenses.
Signed copies of Mrs C’s approval of the medical report and signed schedule out of pocket expenses were received and her solicitor valued the claim. The claim was disclosed in full to the defendant insurers asking that they make an offer in settlement of her claim.
An offer of just over £22000.00 was received to include compensation for her injuries and her out of pocket expenses to include travel expenses to and from medical appointments, loss of earnings, medical expenses, care and assistance and future treatment for her tooth injury.
Mrs C accepted the offer and the claim came to an end.