Bus passenger wins at trial as insurers allege her claim is not genuine


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    Bus passenger wins at trial as insurers allege her claim is not genuine
    August 25, 2022

    We recently acted on a “no win, no fee” basis for a client who had suffered a modest whiplash injury to her neck when a van attempted to overtake and collided with the bus she was travelling on.

    The van driver’s insurers accepted liability for the incident but alleged that our client could not possibly have been injured by such minor impact. However, it became clear that this supposedly minor incident had actually caused injury to a total of five passengers, all of whom had made separate claims with different solicitors and had no connection to each other.

    The insurers implied that all five claimants had brought their claims dishonestly and refused to negotiate any form of settlement. Alleged dishonesty is something we’re seeing vehicle insurers put forward increasingly frequently, despite a lack of evidence to support their claims. Many of our clients are accused of fabricating injuries or exaggerating the effects of what insurers call “low velocity impact” collisions. While we acknowledge the existence of ‘cash for crash’ criminals, this is a very small portion of claimants. We believe those making genuine claims are entitled to compensation they deserve.

    Following lengthy court proceedings, we took the case to trial after the insurers and their solicitors refused to negotiate, ignoring our client’s offers to settle. At the hearing, the Defendant’s legal representatives continued to argue that our client had been fundamentally dishonest, and the accident could not have caused any injury, but they failed to call any witnesses or produce any evidence.

    We were able to demonstrate to the court that our client was genuinely injured, supported by the fact there were four other claimants alleging they had been injured in the same accident. The judge accepted our client’s case and gave judgment in her favour, awarding her more than she had previously offered to settle for.

    If you have been injured in an accident that wasn’t your fault, call James Hemsley on 020 8313 1300, or email him at james.hemsley@marsons.co.uk for a free, no obligation chat about whether you can make a no win, no fee claim.

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    The information contained in this article is intended for general guidance only. It provides useful information but it is not a substitute for obtaining legal advice as the articles do not take into account specific circumstances. So do please Contact US for legal advice on the issues raised.