road traffic accident claim, car crash

Case Study: Innocent Driver Struck by Third Party Vehicle Coming Out of a Side Road

Mr MMH was awarded £3,250.00 for vehicle damages and personal injury.

Personal Injury Case

Mr MMH was driving along the main road when the defendants’ vehicle came from a side road and collided into the driver side of his vehicle.

Accident Circumstances

Our client had dashcam footage which he didn’t feel comfortable to disclose. The footage showed our client proceeding forward and the defendants’ vehicle coming from a side road across the yellow box. The defendant kept edging forward to avoid standing still in the yellow box, didn’t see our client and collided into the front driver side of our clients’ vehicle.

Injuries Sustained

Mr MMH suffered the following injuries during his road traffic accident:
  • whiplash
  • soft tissue injuries to head, neck, hand and finger.

Gathering Evidence

The defendant provided an “independent witness statement” in favour of the defendants’ vehicle. Our client told us that when he had a conversation with the driver, the driver advised him that his wife was a beauty therapist.
Upon review of the witness statement, we noticed that the profession of the defendant’s witness was the same profession as the defendant’s wife and it was therefore possible that the witness was connected to the defendant.
We re-reviewed the dashcam footage, the google map layout of the accident location and broke down the witness statement.
Upon our review we found that the location of the “witness” vehicle could not have seen the collision. The dashcam footage shows another vehicle blocking the defendants’ vehicle and therefore the witness could not have seen the accident from the location she advised she was stationary in.
We advised our client to disclose the dashcam footage along with screen shots of the dashcam footage (taken by us) to show the blind spot of the defendants’ vehicle and the location/distance of where the witness says she was parked to prove that she could not have seen the collision.

Outcome

After receiving our evidence, the defendant’s insurer requested their witness’ comments, but did not receive any response or explanation from them. The defendant’s insurer accepted liability and the file was settled.

Final Settlement

Mr MMH was awarded a total of £5,685.00 made up as follows:
£3,250.00 for pain, suffering and loss of amenity (PSLA)
£2,000.00 for vehicle damages
£435.00 for treatment.

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