SUCCESSFUL REAR END SHUNT ROAD ACCIDENT CLAIMS

September 3rd, 2010 admin

Published in Truckstop News September 2010.

In this month’s issue Steven Hinchliffe of the specialist Personal Injury Compensation firm Hinchliffes Solicitors will consider “READERS’ SUCCESSFUL ‘REAR END SHUNT’ ROAD ACCIDENT CLAIMS”

Continuing his review of successfully completed accident injury claims, Steven Hinchliffe looks at more situations experienced by readers of Truckstop News that resulted in an award of personal injury compensation.

All of the accident victims mentioned in these articles are actual clients of my firm, Hinchliffes Solicitors. They have kindly given their permission for the disclosure of their details, and in particular of their real life experiences of incidents resulting in personal injury claims, and the steps taken to make a successful accident compensation claim. All of these clients contacted my firm after seeing our details in Truckstop News – and readers may recognise some of the names referred to.

In this article I highlight 2 road accidents where both clients suffered injuries when the vehicle they were in was hit from behind. As with previous articles, the common trend remains the effect on each individual’s life, and although using the process of law to make personal injury claims as a means of redress cannot truly compensate for the trauma and inconvenience suffered, it can assist in requiring the guilty party to provide medical treatment and rehabilitation, in addition to financial relief by way of awards of compensation. As previously indicated, the basic aim of an accident claim is to try and return the injured party to the position that he or she would otherwise have been in had the accident not happened.

CASE STUDY 1 – MOTORWAY COLLISION

On 28^thJuly 2006 Mr G (name withheld at client’s request) of Faversham was a passenger in a car travelling on the M2. The driver of that car moved into the outside line without checking properly that it was safe to do so and as a result a collision occurred. The driver lost control and the car turned over. The following month Mr G contacted my firm and a claim was directed to the insurers of both vehicles involved, who eventually came to an agreement concerning who was responsible for his injuries and resultant financial losses.

Mr G sustained multiple injuries, the most serious being to his neck, foot and thumb, and the medical expert instructed by my firm felt that with physiotherapy treatment he should make a full recovery within 18 months of the accident. He could not work for 3 weeks and suffered lost income as a result. Full details of his injuries, the treatment recommended and his financial losses were sent to the insurers in early March 2007 and by the end of that month it was possible to agree a settlement, with Mr G receiving £3,550 and in addition the insurers would fund the physiotherapy sessions.

Within a week of agreement being reached, Mr G was put in funds and could reasonably assume that the matter was then at an end. However, the insurers refused to sensibly negotiate in respect of the legal costs incurred by my firm and it was necessary to issue Court proceedings and for a Judge to assess the level of costs to be paid. It took until November 2007 for everything to be resolved and the costs that the insurers eventually had to pay were almost double the original amount claimed, because of all the additional work that had to be done. However, as with all my clients Mr G was not required to pay anything towards these costs.

Insurers complain about the level of legal costs they have to pay in claims like this, but what they fail to acknowledge is that a significant percentage of these results from their own unreasonable attitude to individual cases.

CASE STUDY 2 – COLLISION ON A DUAL CARRIAGEWAY

Mr P M Webb of Northwich was travelling on the A52 on 17th April 2005. He was on a dual carriageway when another vehicle pulled out in front of him, causing him to brake sharply. A HGV was behind him, but the driver had failed in his duty to maintain a safe distance and had not taken into account the possibility of this situation arising. As a result he collided with Mr Webb.

In August 2007 Mr Webb contacted my firm, and as the 3 year period for making personal injury claims had not expired, we were able to help him. The HGV driver was employed by Hargreaves Transport Ltd and the claim was directed to the company, as they are held responsible for the actions of their employees. They chose not to involve their insurers, but instead instructed solicitors to represent them.

Mr Webb suffered injuries to his neck, shoulders and lower back causing him to be off work for 2 weeks and then on light duties for 6 or 7 weeks. As in the first case the medical expert instructed by my firm felt that physiotherapy treatment would assist his recovery. The company’s solicitors were supplied with full information about his medical condition and financial losses in February 2008, but as the third anniversary of the accident was fast approaching Court proceedings were issued to protect Mr Webb’s position. Agreement to settle the claim was then quickly reached on the basis of a payment of just under £4,900, to include the recommended physiotherapy sessions.

Despite frequent chasing the agreed sum was not paid by the company for around 1½ months, and their solicitors took an unreasonable stance concerning the legal costs to be paid. Again costs issues had to be determined by a Judge at a Court hearing, which ultimately increased the company’s financial liability.

Both of these road accident cases were capable of being resolved within a few months of the clients contacting my firm. However, the position adopted by the defendants and their representatives over certain issues meant that the Court had to become involved, which only added to the stress and inconvenience suffered by each client, and greatly increased the legal costs that might otherwise have been payable.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered any form of accident or contracted an industrial disease contact personal injury claims specialists Hinchliffes Solicitors for immediate legal advice, to find out if you are entitled to make a claim for personal injury compensation. All cases are conducted on a Free No Win No Fee claims basis, where you keep 100% of the compensation recovered.

Call now on 0800 138 1348 to speak direct to one of our specialist claims solicitors or go to our Start Your Claim Now page to submit details of your accident compensation claim online.