BIKER RECEIVES SUBSTANTIAL ROAD ACCIDENT COMPENSATION FOR BROKEN ELBOW FOLLOWING THE NEGLIGENT ACTIONS OF A CYCLIST

January 28th, 2010 admin

Our client was riding his motorbike between 2 lanes of slow moving traffic on a dual carriageway when a cyclist tried to cross the road in front of him. The cyclist was listening to an MP3 player and could not hear our client’s approach, and he failed to look to see if it was safe for him to cross the road. Our client had to take evasive action and in doing so fell from his motorbike.

He sustained several injuries, the most serious by far was a broken elbow. The fracture did heal, but despite physiotherapy treatment he was left with a 20% reduction in movement of the elbow, which will be permanent. We were able to recover personal injury compensation for him of just under £11,500.

A brief summary of events is set out below.

Date of Accident: 28.8.2008

Time between formal instruction and successful conclusion: 5½ months

How the claim proceeded: After investigating the claim for 3 months, the cyclist’s insurers admitted liability for the accident.

Were Court proceedings necessary?: Yes – the insurers failed to respond to our client’s offer to settle the claim within the time allowed, and the only way to progress the case was to issue Court proceedings.

Was a trial necessary?: No – it was possible to negotiate a settlement shortly after Court proceedings were issued.

Outcome: The client secured £11,000.00 for his injuries and a little over £400 for his financial losses (including the replacement of his damaged helmet and travel expenses).

Comment: In cases where the party responsible for an accident is a cyclist or a pedestrian, one of the first issues to consider is their likely financial situation and whether they have insurance that would meet any claim made against them. Fortunately in this case the cyclist was covered under his home insurance policy and it was therefore possible for our client’s claim to proceed.

PERSONAL INJURY CLAIM SOLICITORS:-

If you have suffered a similar accident, 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.