Case Study 2
McKeowns recovered £1,350 on behalf of Mrs C who experienced back problems following an accident where she was a passenger travelling in her sisters car.
Our client, Mrs C had been suffering from a pre-existing back condition, and was undergoing physiotherapy, when she was involved in a road traffic accident at Bromley By Bow in London on the 4th October 2004. She was travelling as a passenger in her sister's Renault Megane, when it was struck from the rear by another vehicle.
She contacted McKeowns shortly after the accident and we were able to assist her on the basis of a 'no win, no fee' Conditional Fee Agreement, supported by a policy of 'after the event' legal costs insurance.
We made contact with the responsible motorist's insurers in early December 2004 and the other driver admitted they were at fault. We also arranged for Mrs C to be examined by a medico-legal expert.
Because Mrs C, a 30 year old housewife, had suffered from neck and lower back since 1996, we advised her that a claim would be possible against the third party motorist on the basis that his negligence in causing the accident had exacerbated, or worsened, her pre-existing problems.
McKeowns had to make a distinction between Mrs C's pre-accident condition and her current problems. She felt that she was more or less 'symptom free' at the time of the accident as she'd recently undergone a period of physiotherapy to resolve the problem.
The independent medical expert delivered a report in April 2005, indicated that: "Mrs C's back problem would resolve by no later than eight months from the date of the accident."
Mrs C viewed the report and agreed it was accurate so McKeowns proceeded to present it to the negligent driver's insurers at the end of April 2005.
As anticipated, the opposing insurers raised a number of questions in relation to the extent of the pre-existing problem.
McKeowns argued the case on behalf of our client and the insurers put forward an offer of £1,350.
We felt that this was on the conservative side and advised Mrs C of this.
She chose to accept the offer based on the fact that she had previous back problems. Shortly afterwards she received a cheque for £1,350, and her legal costs were recovered from the third parties insurer together with the 'after the event' insurance premium. |
