The Miss A, from Tunbridge Wells, Kent was a passenger in the defendant’s vehicle, when as a result of the defendant’s negligent driving, the vehicle span out of control on the A267 and crashed into a post on the opposite side of the road. The collision with the post caused the vehicle to flip over and land sideways, coming to a stationary resting position on the passenger’s side. Miss A suffered personal injury including whiplash, which she argued was caused as a direct result of the defendant’s negligent driving.
Without legal advice, the Miss A initially accepted from the defendant’s insurers a sum of £1,500 in compensation for pain and suffering and £250 for physiotherapy.
After accepting this initial amount, the Miss A’s injuries persisted; and she contacted the defendant’s insurers to enquire into whether the claim could be re-opened.
Miss A then instructed Thomson Snell & Passmore, who wrote to the insurers with a formal Letter of Claim following which the insurers confirmed that the claim could be re-opened and admitted liability.
A Consultant Orthopaedic Surgeon, Mr Ricketts, was instructed to prepare an expert report on Miss A’s injury and prognosis. The team prepared a schedule of loss which was disclosed to the defendant’s insurers along with medical evidence.
After detailed negotiations, the team secured £12,000 in compensation by way of an of court settlement to compensate Miss A for her injuries.