McHale & Co. Solicitors Blog

Don’t accept the first offer in a personal injury case (unless it definitely is a good one!)

Malcolm Horner, Head of Personal Injury at McHale and Co Solicitors, Altrincham, recalls a road traffic accident case settled a few years ago in which his client eventually received £90,000 following a rear end shunt.

She was travelling down a road in the Altrincham area when she was hit at or near a roundabout from the rear. The other driver initially stated that the collision was so minimal that no injury could have resulted but the insurance company initially made an offer of £2500.

Proceedings were commenced and an increased offer of £7500 was made before further medical evidence was obtained on her behalf. The court directed that the insurance company and their solicitors had a few months to obtain their own medical evidence but they failed to adhere to the timetable. They applied to the court after the deadline to ask for more time and under the then rules were allowed to do so. Further offers were made, further deadlines were not met and eventually the insurance company tried to serve medical and surveillance evidence out of time but before the trial a much improved offer of £90,000 was made to settle the claim which was accepted. This was in the days before Lord Jackson changed the rules in April 2013 as the insurance company were given too much leeway back then when compared to nowadays. The client required operative treatment after settlement. The faults on the above case were all of the insurance company and their solicitors but the likelihood is that going forwards injured persons may find themselves in difficult positions because their claims have been struck out due to key dates having been missed by their advisers. The new regime since April 2013 is nearly zero tolerance so beware!

Make sure that you have an experienced personal injury solicitor on your side. Call McHale and Co on 0161 928 3848.

Categories: Personal Injury

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