Cyclist hit by Post Office van suffers serious personal injury and receives a five figure sum in compensation

motorcycle-accidentOur client was riding his motorcycle home from work along a road in Bambridge. Our client noticed a Royal mail van had pulled into a side road on the left. As our client went to overtake the van the driver he pulled out of the side road undertaking a U turn with no warning or indication. As a result our client was unable to avoid a collision and hit the side of the Post Office van. Our client sustained injury and loss due to the accident.

Our Client’s Injuries:

Right foot fracture, right tibia fracture, left wrist fracture, grazed knuckles and shock.

How did Hayward Baker help?

Alison Spriggs one of our senior clams handlers took on this case on a No Win No Fee basis.  Alison stated the claim via the personal injury insurers on-line portal and when the insurers acknowledged the claim they denied liability on the basis that their driver had done nothing wrong without going into any detail.

However our client had received a letter from the police who attended the accident and they stated in the letter that they held the van driver responsible for the accident.

Although Alison sent a copy of this letter to the defendant’s insurers their stance did not change.

Therefore Alison applied for a copy of the police report regarding the accident and this confirmed what the police had already stated in their letter to our client.

Alison sent a copy of the report to the insurers and they conceded liability subject to causation. This mean’t that as long as a medical report showed that the injuries were caused by the accident then they will pay compensation to our client.

Alison obtained a copy of our client’s medical records which would have details of  our client’s accident recorded and these records would be sent to the medical expert who would examine our client and formulate a report upon his injuries. It is this report that would be used to prove our client’s injuries and help Alison to value the claim for compensation and losses.

The expert instructed to examine our client was an Orthopaedic Consultant and his report confirmed our client’s injures and stated that  future treatment was required to remove the metal pins from our client followed by a  course of physiotherapy. There was also an out of pocket expenses claim that Alison added to our client’s schedule of special damages and these were:

  • Travelling expenses to and from medical appointments
  • Surgery costs
  • Loss of earnings
  • Future loss of earnings post surgery
  • Damaged items (helmet, bike trousers, boots and jacket)
  • Care and assistance

Once our client had approved the medical report and schedule of  special damages he  signed an authority for Alison to settle the claim with the insurers.

Numerous offers were made by Alison but were countered offered by the insurers. AT one point Alison had little choice but to issue court proceedings and let a judge decide on the amount of compensation awarded as the defendant’s insurers were offering too little. However the insurers did not want to go to court due to the expense so an amount was agreed and accepted by our client.

Resolution:

Alison settled our client’s claim  in full for £29,000.00

 

Cyclist hit by Post Office van suffers serious personal injury and receives a five figure sum in compensation




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