McHale & Co. Solicitors Blog

Case Study: Success for Family in Road Traffic Accident PI Claim

It was a case of a Polish family of four who were in stationary traffic on Bury Old Road in Manchester when they were hit in the rear by another car with considerable force. The mother and the father suffered soft tissue injuries. Financial losses included damage to their car and the cost of obtaining a replacement car (their car was deemed a total loss). They also required physiotherapy which was arranged for them by Wojtek Gorski, one of our PI executives. There were two minors who were back seat passengers but luckily did not suffer any injuries.

The other driver denied that it was her fault and claimed that the Polish family changed lanes just as they were stopping at traffic lights and that in this way shortened her stopping/braking distance contributing to the accident in 50%.

There were no independent witnesses who would be prepared to give evidence and we advised the family that it was down to the evidence they would give in the court. It was their word against the word of the other driver. Wojtek knew he had to be on point with the witness statements in relation to liability.

The family decided that they would reject the offer of 50/50 split of fault for the accident and go to Court to convince the judge that they were telling the truth.

We advised that a rejection of the 50/50 liability offer posed a risk (which could potentially signify that we would not recover our full cost for acting for this client as we acted on a no win no fee basis) Wojtek backed them 100% all the way. One day before the trial the other side eventually conceded and accepted to pay for the Polish family's damages in full.

The father received £5,600 for his personal injury whilst the mother received £3,700 as well as recovered the cost of her vehicle damage, replacement car and physiotherapy in full.

We consider that our client's robust approach to the defence filed by the other side along with our backing was a great success which resulted in a win on a 100% basis in these claims.