DRIVER INJURED IN COLLISION WITH ONCOMING VEHICLE ACCEPTS REDUCED PERSONAL INJURY COMPENSATION FOR SIGNIFICANT WHIPLASH INJURIES IN ROAD ACCIDENT CLAIM

January 11th, 2010 admin

Our client was driving along a narrow country lane when a vehicle coming towards him braked and skidded in mud, and a collision occurred. He sustained injuries to his back with significant symptoms lasting in excess of 6 months that required physiotherapy treatment. He also suffered with some depression and experienced nervousness when driving. We were able to recover personal injury compensation for him of £1,750.

A brief summary of events is set out below.

Date of Accident: 24.10.2008

Time between formal instruction and successful conclusion: 10½ months

How the claim proceeded: This was a head on collision between 2 vehicles and it was felt appropriate that our client should bear 50% of the responsibility for the accident, taking into account the speed of both vehicles and the road conditions. He was also not wearing a seat belt at the time, and established case law required him to accept a further 15% reduction in his compensation. The other driver’s insurers accepted 50% of the blame, but would not agree the percentage reduction for failure to wear a seat belt.

Were Court proceedings necessary?: Yes – 2 medical reports were obtained and sent to the other driver’s insurers, but settlement negotiations broke down as agreement could not be reached on the total percentage by which our client’s compensation should be reduced.

Was a trial necessary?: No – once Court proceedings were issued and the matter was placed in the hands of solicitors, an acceptable settlement offer was received.

Outcome: The client secured £1,350 for his injuries and £400 for his financial losses (including travelling expenses and the cost of physiotherapy treatment)

Comment: Due to the circumstances of the accident our client eventually recovered 35% of the full value of his claim. However, this indicates that even in accidents where the injured person was partly to blame, it is still possible to make a successful accident claim and recover compensation, without having to pay any legal costs.

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.