Miss P was a passenger in her Fathers car in Warrington. Her father had just exited a roundabout when without warning another car tried to get into the same lane and collided with the side of the car in which she was travelling. As a result she suffered a personal injury to her neck.
Miss P searched the internet looking for a personal injury compensation solicitor and came across Hayward Baker whom she chose to represent her in her claim for personal injury compensation.
Hayward Baker explained in simple to understand terms how a personal injury claim works after which Miss P decided to go ahead with her claim and was sent the relevant papers to sign.
Once the papers were returned to her solicitor at Hayward Baker they sent her a signed copy of her Conditional Fee Agreement and explained that as the value claim is estimated to be under £25,000.00, her claim would be running under a scheme known as the “Pre-action Protocol for low value personal injury claims.
In accordance with the above scheme her solicitor sent a completed Claims Notification form (CNF) to the defendants insurers which they obtained details of via the MIB website. The form provides them with all the necessary information to consider the claim and in particular contains detailed allegations 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
e) changed lanes when it was unsafe to do so
The defendant insurers now have 15 days to respond to the CNF. Should the insurers fail to respond within the time limit, denies liability, alleges that the claim is worth less than £1,000.00 or makes an admission of liability with an allegation of contributory negligence ( argument that miss p is partly to blame) then the claim will exit this scheme. should this happen then her solicitor will advise miss p what happens next.
If the insurers admit liability for the accident, within the time limit,then the claim will proceed under the above scheme and the next step will be to obtain medical evidence to substantiate the injuries that Miss p sustained in the accident. What this medical evidence will do is demonstrate those injuries that she sustained in the accident.
Miss P was asked to update her solicitor with details of her current symptoms and to sign and return her completed Out of Pocket Expenses form (Special Damages form).
It wasn’t long before the Defendants insurers had completed their investigations and informed Hayward Baker that Liability was admitted. This meant that provided that the medical report confirms Miss P was injured as a result of the accident the insurers have agreed to pay her compensation. Hayward Baker will discuss the level of compensation with her after receiving the medical report.
Hayward Baker now took steps to arrange a medical appointment for Miss P.
Miss P attended the medical appointment with a General Practitioner and shortly after the report arrived at Hayward Baker solicitors.
Once Miss P’s solicitor had read the report they wrote to her and asked to read the report carefully and to make sure all factual points , upon which the report is based, is correct.
She was asked to note that the medical experts’s opinion that she will fully recover from her injuries within seven months. In this respect her solicitors asked Miss P to decide whether she wishes to disclose the report to the defendant insurers now and invite settlement offers or wait the seven months and see how her symptoms are then with the possibility of obtaining a further report.
Miss P decided to settle now and enclosed the signed authority for her solicitor to disclose the report. In addition she sent details of her updated special damages.
Upon receipt her solicitor considered what the claim was likely to be worth having reviewed the medical report and updated special damages schedule.
Hayward Baker wrote to Miss P after offering their advice on what they believe her claim to be worth. Having explained the breakdown the amount they suggested was £2600.00 but accept no less than £1,910.00.
Miss P agreed and her solicitor put forward an offer of £2,640.00 to the defendant insurers. The insurers made a counter offer of £2,521.00 which was accepted in full and final settlement of Miss P’s claim.