On the 12th April 2014 the Claimant; Mr. Jones was riding a motorbike on a high street in Slough, the Defendant; Mr Summer, pulled out from a side road causing Mr Jones to collide with Mr Summer’s vehicle, Mr Jones landed on the bonnet of the car he was hit by.
The case was submitted to Mr Summer’s insurance company; Admiral who admitted fault for the accident on behalf of Mr. Summer. Admiral tried to settle the case at this stage with an offer of £1500.00 without obtaining medical evidence; this was rejected due to the extent of the injuries.
An offer of £1500.00 is more in line with a 2 month soft tissue injury to the neck or back.
Mr Jones was examined by an Orthopaedic surgeon where the injuries detailed as; lower back discomfort due to a strain injuries which was causing mild discomfort, with physiotherapy the significant symptoms would resolve within 8-14 months from the accident, discomfort in the left knee where his knee was giving way. The expert suspected Mr Jones may have meniscal injury to the left knee, but in order to ascertain the nature of the knee injury an MRI scan was required to ascertain the injury and a recovery period.
In addition to the physical injury it was detailed that Mr Jones experienced significant anxiety relating to motorcycling and that Mr Jones was suffering with Post Traumatic Stress Disorder and referred him for Cognitive Behavioural Therapy with anxiety management and relaxation techniques. It was detailed that with the completion of the treatment the symptoms would resolve with 14-20 months of the accident.
The MRI to the left knee was completed and the Orthopaedic surgeon confirmed that the injury was a meniscal injury to the left knee and with physiotherapy treatment the injury would resolve 12 months from the date of the first session of treatment.
Unfortunately, Mr Jones started to suffer discomfort to the right knee and it was queried with the expert that this was cause by over compensating for the left knee injury. The expert recommended an MRI to the right knee to determine the injury suffered.
The MRI scan to the right knee was completed which showed that he was suffering with patella tendonitis or inflammation of the patella tendon and there was evidence of a partial cystic lesion as a result of trauma. The Orthopaedic surgeon confirmed that the case he was overcompensating for the injury to the left knee. The recovery again would be assisted by physiotherapy treatment and the injury should resolve 12 months from the first session of treatment.
Mr Jones commenced with both recommended treatment, completing 14 sessions of physiotherapy treatment and 17 hours of Cognitive Behavioural Therapy (CBT). The physiotherapy treatment was successful as was in the most part the CBT, however, he would not ride a motorbike on the roads again.
At the time the treatment was completed the case was valued for the injuries alone at £8000.00 to £9500.00. In addition, Mr Jones was also claiming for; the treatment completed, car hire whilst the motorbike was being repaired, repair costs of the motorbike, damaged clothing and travel expenses.
The negotiations with the Admiral started on the 5th May 2015 which was completed over a 35 working day period.
Unfortunately the last offer was so poor as the total offer for injury and additional losses amounted to £4650.00 this was formally rejected and the case was issued at Court for a hearing.
The Court was due to hear the case on the 24th March 2016, on the 23rd March the Defendant Solicitors; Horwich Farrelly Solicitors amended the total offer to £15775.00, which was £10000.00 for the injury claim and £5775.00 for the additional losses.
The offer was accepted on a full and final basis with less than 24 hours before the hearing was due to take place.