Mrs H was a passenger in her husbands vehicle and they were stationary in a hospital car park in Staffordshire waiting for a car parking space when another car reversed into the side of their vehicle jolting it violently which caused her to suffer a soft tissue injury to her back lower chest and weakness in her legs.
Mrs H instructed Hayward Baker Solicitors to act for her in her claim for personal injury compensation. Mrs H’s solicitor stated the claim to the other drivers insurers through the on-line insurers low value road traffic accident portal.
The allegations made by Hayward Baker Solicitors are as follows:
“You reversed out of a parking space directly into collision with our client’s correctly proceeding vehicle when it was unsafe to do so; failed to keep her vehicle under any or any proper control and drove it in such a way that it endangered other road users, in particular our client. As a result of your negligent driving our client has sustained personal injury, loss and damage.”
The other drivers (defendant) insurers acknowledged the claim within 24 hours and stated that they would now investigate the matter. A few weeks later Hayward Baker Solicitors received confirmation that the defendant insurers had admitted liability for the accident. Mrs H was informed of the admission and that this meant that provided the medical report confirms she was injured as a result of the accident then the insurers have agreed to pay compensation.
Mrs H’s solicitor now took steps to arrange for her to be examined by a General Practitioner who would examine her and formulate a report upon her injuries. It will be this report that will be used as evidence to enable her solicitor to demonstrate that she was injured as a result of the accident. In the meantime Mrs H was asked to update her solicitor as to whether she is still suffering symptoms, what are the symptoms, is she taking medication and is she receiving any treatment at the hospital or her GP. Her solicitor now applied for Mrs H’s medical records which the medical expert would need to see prior to her examination.
Within a week an appointment was confirmed and Mrs H attended her appointment after which the medical expert compiled his report and sent a copy to her solicitor. The medical report confirmed Mrs H’s injuries were as a result of the accident and had recommended that she undergo 6 sessions of physiotherapy to help with her recovery. A copy of the report was sent to Mrs H for her approval. In addition to the report her solicitor also sent a draft copy of her special damages (out of pocket expenses schedule) to check that it is up to date and covers everything she wishes to claim.
The course of physiotherapy was being paid for by the defendant insurers and was arranged very quickly by her solicitor.
Mrs H had now completed her 6 sessions of physiotherapy and had approved the medical report and now wished to disclose her claim in full to the defendant insurers and settle her claim. Therefore upon receipt of the signed approval form her solicitor valued the claim and wrote to Mrs H recommending that they make and offer to settle for £3500.00 Mrs H agreed and the claim was disclosed in full to the insurers along with a letter making an offer of £3500.00. Mrs H was informed that the insurers now have 21 days in which to accept/reject the offer.
The defendant insurers came back with a counter offer of £2128.00 which was rejected and a counter offer was made by Hayward Baker for £3210.20. Still the insurers offer was £2128.00 and again Hayward Baker made a counter offer of £2889.20. After some negotiation between Hayward Baker and the insurers an offer was agreed at £2520.00 but the cost of physiotherapy treatment £425.00 was included in this offer. Mrs H agreed the offer was fair and accepted the offer of £2095.00 in full and final settlement to include her claim for travel expenses.
From Mrs H instructing her solicitor to receiving her compensation cheque took 6 months.