£115,000 obtained for a ‘whiplash’ injury following a road traffic collision

Mr J was driving a work vehicle when another vehicle drove into the rear of him.

He suffered a whiplash injury to his neck, was unable to return to work following the incident and was subsequently dismissed from his job.

The medical expert instructed on Mr J’s behalf said that his injuries were permanent and a direct result of the accident, although he was able to work in some capacity. The medical expert instructed on behalf of the other driver’s insurers felt that they were related to his age or other factors. He also said that any injury caused by the accident was minor and short-lived, with any continuing symptoms being unrelated to the accident. After Court proceedings were issued, the insurers made an offer to settle Mr J’s claim for £30,000. Ashtons advised Mr J not to accept this offer, since the amount would not compensate him appropriately for the life-changing nature of his injuries.

The insurers then decided to allege that Mr J was exaggerating his claim and attempted to discredit him. This was robustly defended by Mr J through Ashtons and shortly before the case was due to go to trial, Mr J accepted the sum of £115,000 and was entirely vindicated.

Tom Ranson comments: “In this hard-fought case, and with the backing of Ashtons and his medical expert, Mr J refused to be intimidated by the solicitors acting for the insurers and held out for the right level of compensation. Unfortunately, as happens all too often, rather than engage in appropriate dialogue with us, the insurers pick fights that they shouldn’t and literally add insult to injury.”