Mr R was travelling along the M25 motorway back in April 2013. The traffic speed was restricted due to roadworks. Mr R was adhering to the speed limit when the traffic came to an abrupt halt and Mr R braked accordingly and stopped safely behind the vehicle in front.
Unfortunately a land Rover behind him had not been paying attention to the road ahead and drove into the rear of Mr R’s vehicle causing Mr R to sustain a personal injury.
Mr R suffered injury to his neck, lower and middle back. initially he went to his GP for treatment and was advised to take pain killers but at a later date when things did not improve his GP recommended that he had an MRI scan of his back at the local hospital. The MRI scan showed that Mr R suffered a tear to his erectus muscle in his back and was signed off work for 15 weeks.
Hayward Baker Solicitors contacted the Defendant’s insurers via the Insurers portal blaming their insured for the accident because he failed to observe or heed the vehicle in front of him that day on the M25 and failed to maintain a safe breaking distance or control his vehicle in such a way as to avoid a collision with the Claimant (Mr R).
The Defendant’s insurers denied liability when they acknowledged the claim on the basis that their insured did not have a collision with Mr R’s vehicle.
Mr R was adamant that the accident did occur as suggested and the Defendant had even got out of his vehicle that day and apologised. The Defendant’s insurers contacted Hayward Baker some months later asking for a statement confirming the accident circumstances from Mr R along with a diagram and photos of damage to his vehicle as at this time the Defendant maintained there was no collision.
Hayward Baker Solicitors stuck by their client and continued to provide legal advice and gather medical and other evidence in defence of Mr R’s claim for compensation and other losses caused by the accident.
It was not until November 2015 that the insurers finally made an offer to settle Mr R’s claim but had not yet admitted their client was at fault. Hayward Baker Solicitors explained to Mr R that Whilst the Defendant has denied liability, and this offer does not prevent the Defendant maintaining that stance, the making of an offer, whilst not an admission, suggests the Defendant recognises the risk of being found liable for the injuries.
Hayward Baker continued to fight for Mr R and in December 2015 Mr R received a cheque for over £4600.00 in settlement of his claim. This was to include his loss of earnings claim and the compensation for his injuries caused by the accident.
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