‘Will they stop in time?’ Most drivers have asked themselves that question as they watch another vehicle rushing up behind them in the rear view mirror. Unfortunately for Pam, in December 2014 the answer was ‘no’ and she suffered injuries in the resulting collision.
The defendant’s driving being clearly at fault, we were able to secure an admission of liability. We arranged for Pam to be medically examined by an expert who took stock of her injuries and recommended a course of physiotherapy treatment to help with her ongoing neck pain. It took two years for Pam to fully recover from the accident. So much for media stories of ‘whiplash’ injuries being a one or two week inconvenience!
Wanting to settle, the defendants put forward an offer for £4,840. After going through the medical files and costs for Pam’s treatment, we felt this was a low offer and that we would achieve a higher result at a hearing. So we rejected the offer and proceeded to trial.
At the final court hearing the judge awarded Pam £7,357.29. She was very pleased with the result, especially since the amount received was much higher than the defendant’s ‘best offer’.
It can be tempting to take an early offer from an insurance company as understandably injured parties may want to put the accident behind them and get on with their lives. In Pam’s case it was worth following our advice and waiting a little longer for a fair settlement approved by a judge.
Aoife Hennessy
Trainee Solicitor, Irvings Law
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