Road Traffic Accident

Commenting on the case, Mr Baba said “All too often we see insurers seeking to argue that the Claimant has been dishonest, when in fact, an honest mistake has been made. We are all human and just because the Claimant had forgotten some of the details of his past history when he saw a medical expert should not be taken as evidence of dishonesty. It is good to have got our assessment of this case right and the client was rewarded with extra damages, penalty interest and indemnity costs, but he should not have been put through the ordeal of going to court. It is time that insurers took a look in the mirror and asked themselves if they have gone too far”.

As soon as the medical evidence was finalised, the negotiations started. The insurers made “valid offers” and although their last offer was of £250,000.00, our lawyer, Anamaria Nita, managed to negotiate a further increase of £35,000.00.

The answer to that question is that it depends. There is a simple answer and then a more complex answer. The simple answer is yes, the injured person can always make a claim. What is more complex is whether there will be insurance or some other fund to cover the claim.

This was illustrated by another recent case arising from the 2023 Nottingham attacks, when Valdo Calocane fatally stabbed 2 university students before also fatally stabbing a school caretaker. Please click here to read media reports about this attack. He then stole the school caretaker’s van and used it as a weapon, causing injury to 3 people including one man whom Levenes Solicitors represented. Calocane was charged with 3 counts of murder and 3 of attempted murder but controversially, was convicted of manslaughter on the grounds of diminished responsibility.

This case illustrates just how important CCTV can be. Without the CCTV, this was a case of the word of one man against another as there were no independent witnesses. Without that evidence, the Claimant risked being accused of dishonesty which insurers are very quick to allege in low-speed collisions.

It is important in these cases that the medical evidence is clear on whether there is a risk of future deterioration in the Claimant’s health due to osteo-arthritis or for some other reason and if that means a likely change of career, to consider the Claimant’s future retraining and work options as well as the cost of future treatment.

Levenes have settled the claim of a very severely brain injured man for £11m. The parties met to seek a negotiated settlement but that did not initially succeed. Nevertheless, the insurers then made an improved offer. This was considered with the assistance of a specialist financial adviser and Leading Counsel and following on from that, it was possible to agree settlement. As the client was not able to decide if the offer should be accepted, the court was asked to approve the settlement which it did.

One of the distinctive features of this case is the fact that the pedestrian who caused the accident was insured. This element played a pivotal role in the successful resolution of our client’s claim. Levenes Solicitors diligently gathered evidence, including medical reports, witness statements, and an accident scene analysis. Negotiations with the insurance company’s legal representatives were persistent and skilfully pursued.

The police did not have the driver’s details and but for the witness doing their civic duty, it would not have been possible to make the claim against the driver’s insurance. Anyone at the scene, and there must have been quite a few witnesses, might assume that the police obtained all details, but sadly, that is not always the case.