Mr G was a passenger in a vehicle being driven North on the M6 motorway when the driver slowed down due to a traffic queue but unfortunately the car travelling behind failed to slow down and stop and as a result collided with the rear of the vehicle in which Mr G was travelling causing him to be jolted forward and suffer a whiplash injury to his lumbar spine and bruising to his chest.
Mr G instructed Hayward Baker Personal injury Solicitors to pursue his claim for personal injury compensation.
Once Mr G’s solicitor had ascertained the facts and Mr G signed and returned his paperwork they made the claim through the low value road traffic accident insurers on-line portal. The allegations (reason to blame) were as follows:
The reason why we are alleging fault is that the Defendant:-
a) failed to heed the presence of the Claimant’s vehicle
b) failed to slow, stop, swerve, steer or otherwise manoeuvre properly or at all so as to avoid colliding with the rear of the Claimant’s vehicle
c) drove too close to the Claimant’s vehicle to stop in time or at all
The insurers for the defendant (driver of the vehicle that hit Mr G’s car) acknowledged the claim within 24 hours and confirmed that liability was admitted two days later. This mean’t that provided the medical report confirms that Mr G was injured as a result of the accident the insurers have agreed to pay him compensation. Mr G’s solicitors wrote to inform him of the liability decision and that they would now be taking steps to arrange a medical appointment for him to be examined by an independent medical expert. In the meantime Mr G was asked to answer the following questions to be able to assess that it was the appropriate time to arrange the appointment.
- Does he still suffer symptoms as a result of the accident
- If so what are the symptoms
- Is he having any treatment at hospital or through his GP
- Is he still taking any medication
Once the above questions were answered Mr G’s solicitor arranged a medical appointment with an Independent General Practitioner.
The appointment came through within a few days for an appointment within a few weeks. The report was received within a three weeks of the appointment date and the consultant had confirmed in his report that the injuries were as a result of the accident. Mr G’s solicitor sent a copy of the report to him asking that he read it thoroughly and if he was happy to sign and return the approval form as soon as possible. The prognosis was that Mr G should fully resolve from the effects of his injury 9 months post accident date. The medical expert also recommended a course of physiotherapy to facilitate his recovery.
Mr G was also asked if he wanted his solicitor to try and settle the claim now on the basis of the experts prognosis in the report or wait until he has had the physiotherapy treatment and waited for the 9 month period to lapse just in case he was still suffering after this date. Mr G was also asked to confirm what out of pocket expenses he had incurred as a result of the accident such as travelling expenses to and from medical appointments.
Mr G signed the approval of his medical report and gave details of his out of pocket expenses which was just travel expenses by car to and from medical appointments. He also wish that his solicitor negotiate settlement of his claim now.
On receipt of the relevant signed authorities Mr G’s solicitor made an offer to settle the claim to the insurers for £3133.52 which was rejected by the insurers and a counter offer was made for just over £2800.00 which was accepted by Mr G and the case came to an end.
6 days after Mr G
accepted the insurers offer to settle his claim he received his compensation cheque.