Our Dundee personal injury solicitors helped a client who was involved in a road traffic accident on the Leven to Glenrothes road in Fife.
The client, Lynsey, had slowed for a turning vehicle in front of her, however, the vehicle behind failed to stop and collided with the rear of her car, which caused her to collide with the rear of the car in front.
As a result of the collision, she was thrown forward, her face struck the steering wheel and she damaged her teeth, injured her neck, and this aggravated a pre-existing lower back injury.
When she contacted her own car insurance company she was referred to a claims handling agent to pursue her personal injury claim.
The third party insurance company made an initial compensation offer without collecting any medical evidence.
These types of pre-medical offers are an attempt made by some car insurers to under settle a claim for compensation without having to take into account medical evidence.
Without medical evidence there is no way to say when an accident injury is likely to heal which means it is not possible to properly assess the value of compensation that should be awarded.
Understandably, our client decided not to accept the pre-medical compensation offer. She wished to have a medical opinion provided on the extent of her injuries and how this could impact on her going forward.
The claims handling agent arranged for her to be examined by a GP to prepare a report on her injuries.
She was not made aware that she had the option to be seen by a Consultant Orthopaedic Surgeon who would have a better understanding of her previous orthopaedic injuries.
The GP report suggested that the only injuries related to the accident would have lasted one week. The GP did not provide a detailed review of her prior medical history.
Without being advised of any options for seeking a more expert opinion she agreed to the release of the GP report.
The third party insurance company then made an offer of £350. Understandably she was not happy with this.
The claims handling agent reverted to the third party insurance company and secured an increase to £500. She was advised to accept £500 by the claims handling agent.
She was still not happy and was advised by a friend to contact us at Digby Brown Solicitors.
During our initial meeting it became clear that Lynsey had a history of orthopaedic injury and that she would benefit from the opinion of a Consultant Orthopaedic Surgeon.
The funding she secured through our Compensate funding package, similar to no win no fee, ensured that she could be properly examined by a Consultant Orthopaedic Surgeon - at no financial risk.
After a thorough examination the prognosis she was provided with was for an 18 month injury.
On the basis that we had secured an expert opinion, as opposed to that of a GP, we were able to properly value her compensation claim.
We are pleased to confirm that our Dundee personal injury solicitors managed to secure Lynsey compensation of more than double the pre-medical offer and nine times that which her former agents advised her to accept.
The final compensation awarded to Lynsey was £4,500.
Lynsey’s case is an excellent example of the importance of gaining the correct legal advice following a personal injury and gaining access to the most appropriate medical experts as it makes all the difference in securing fair and rightful compensation for a personal injury.