In this case study, we examine a personal injury enquiry involving a motorcyclist who was injured in a collision with a car. The client, represented by IMD Solicitors LLP, sustained significant injuries when the defendant’s car abruptly turned into his path. The case highlights the legal complexities and challenges often encountered in personal injury claims, from disputed liability to pre-existing medical conditions.
The incident occurred shortly after our client had just purchased a motorbike and was test-riding it on the main road. The defendant, approaching from the opposite direction, made a sudden left turn into our client’s path, leading to a collision. Our client was thrown over the car and landed on the opposite side, suffering serious injuries. The police arrived at the scene and transported him to the hospital, where it was determined that he had fractured both of his hands. Furthermore, a pre-existing surgical procedure with metalwork became compromised due to the impact.
Our client spent several weeks in the hospital, followed by a period of rehabilitation and assistance from friends and family. Unable to work as a handyman due to his injuries, he reached out to IMD Solicitors LLP seeking professional help.
The case took a complicated turn when the defendant’s insurance company denied liability, claming that our client had been speeding at the time of the accident, claiming he was traveling at twice the speed limit of thirty miles per hour. To support our client’s claim, we gathered evidence, including CCTV footage from a nearby cafe, police reports, and statements from our client. While the CCTV footage did not definitively establish the speed of the vehicles, it provided crucial context that contradicted the defendant’s version of events.
The collected evidence revealed that our client’s motorbike was not moving at an excessive speed, and the defendant had turned across his path suddenly. This evidence was pivotal in disproving the defendant’s allegation of speeding.
Another complicating factor was that the defendant had left the country, making it impossible for the insurance company to obtain instructions from their client. However, under the law, insurers remain liable for accidents even if their client has run away.
After extensive negotiations with the defendant’s insurers, we successfully convinced them to accept liability and provide compensation to our client. Our client received a settlement of £35,000, which covered various aspects of his damages, including:
The client expressed his satisfaction with the compensation received, which allowed him to move forward with his life. With this substantial settlement, he was able to establish a self-employed business and regain his financial stability.
This case underscores the importance of thorough evidence collection and expert legal representation in personal injury claims. Disputed liability, as seen in this case, can be challenging to navigate, but diligent investigation and a commitment to advocating for our client’s rights led to a successful outcome.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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