Our 57-year-old client was cycling along a main road when an oncoming driver turned right across his path causing a collision. This is such a common set of circumstances that we deal with and as usual, our client suffered injuries, loss and damage.
Consequences
Many cyclists want to get back on their bikes as soon as possible after the accident so we set to work dealing with the bike, the helmet and the immediate losses.
Injuries Sustained
Our client hurt his knee, shoulder and lower back. There were also headaches and a psychological reaction in the form of a fear of travel.
The Case
The case was procedurally challenging and we were passed from pillar to post Initially but because we know the process and the system well, we were able to push on effectively and efficiently to bring the claim to a swift conclusion. We used tactics available to us which meant that our client did not have to wait around whilst the insurance company used delaying tactics.
Even when we had gathered medical evidence to support the claim, no settlement offer was forthcoming from the insurer so we advised our client to push on again and not wait around and we started Court proceedings.
Negotiation and Settlement
A tactical Part 36 offer was sent after proceedings were started which proposed a settlement of £4,300. The defendant responded with a significantly lower counteroffer, with no explanation as to why they would value the claim at this amount.
Associate Solicitor and Team Leader Jayne Orme took action. She proactively finalised detailed instructions from the client and obtained a detailed account of how the injuries had affected him and then pursued the other side. During that call it became clear that the insurer was valuing the claim on the wrong basis and she pointed this out to the insurer and repeated the offer to settle at £4,300. The offer was then accepted the same day.
Reflections
Reflecting on the successful resolution, Dianne Holderness stated:
“Calling the client to arm ourselves with ammunition and then calling the other side and discussing the case, reaffirming our Part 36 offer ( rather than countering slightly lower), proved to be the right strategy. I’m pleased with the result we achieved for our client. We definitely added value to his case”
Outcome
The case was successfully settled for £4,300, ensuring our client received fair compensation for their injuries and losses.
