Bott and Co Solicitors recovered over £5,000 in damages for a businessman who was injured when the Audi he was travelling in collided with a tyre which had been shed from a lorry on a busy motorway.
The claimant, Mr C, was travelling along the M1 in a vehicle from London to Birmingham which was being driven by his business partner at 70 MPH in the fast lane when the driver noticed a truck with its hazard lights on in the hard shoulder.
A tyre from the lorry had rolled out into the fast lane, and before the driver could take appropriate action, the car hit the tyre at such a speed and impact that the claimant, who was sleeping in the front passenger seat, was jolted forward and backwards into his seat.
Mr C who is a motoring consultant developed lower back pain within two days of the collision and had a constant headache for one week. It was confirmed in the medical report that the claimant had strained his lumbar spine which required an MRI scan and physiotherapy. The issue of compensation was complicated by a previous back injury, but the claim settled for an amount in excess of counsel’s valuation and the claimant’s own expectations.
Because Mr C was required to sit at his desk for long periods of time, he became unable to fully concentrate on his work due to the discomfort he experienced. Furthermore, as a result of the accident, Mr C was unable to ride his bicycle for three months, and when he suffers from flare-ups he has to avoid all strenuous activities.
After approaching Bott and Co, the road accident legal team worked to secure damages for Mr C as a result of the collision. Because the lorry, defendant, and insurance company were all Polish, the defence argued that the incident should fall under Polish jurisdiction.
Bott and Co had to trace the appropriate insurers and issue proceedings in order for the defence to make an offer to the claimant, it was only then that a Part 36 offer for £5,275 was made for personal injury and losses.
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