The Penningtons Manches personal injury team has recently settled a claim on behalf of a cyclist injured in a road traffic accident (RTA).
The claimant was cycling along a main road on the Isle of Wight when a vehicle pulled out of a side road without checking it was clear, hitting the cyclist on his right hand side. The cyclist was thrown from his bike, sustaining a whiplash type injury to his lower back, superficial lacerations and bruising.
On further investigation, the vehicle, owned by a local garage and loaned to the driver, was found to be without appropriate cover for the accident. Through further investigation and co-operation with both the driver and the garage’s insurers, Penningtons Manches managed to secure agreement from the insurers to deal with the claim on a ‘without prejudice’ basis, thus securing damages for the claimant.
Penningtons Manches subsequently obtained expert evidence which confirmed a soft tissue injury to the lumbar spine. The insurer put forward an early offer to settle the matter but the team continued with its investigations as they were confident of achieving a better settlement. After negotiations with the insurer, a settlement was reached at a significantly higher figure than the opening offer.
William Broadbent, associate in the personal injury team commented: “We are pleased to have obtained a successful outcome for the claimant and that the insurer took a sensible approach to the matter. This initially looked in jeopardy as there were difficulties in identifying the correct defendant. The claimant suffered a painful injury which would have been avoided had the driver obeyed the rules of the road. Unfortunately, our client continues to suffer from some residual symptoms but we hope that he can put his damages towards obtaining any further required treatment to ensure the best outcome.
“We act on behalf of a number of cyclists who have been injured in similar accidents and it is a worrying that there seem to be so many accidents where drivers simply do not seem to have seen the cyclist. We urge both drivers and cyclists alike to watch out for other road users to make the roads a safer place for all.”