An Advance Legal client was crossing the road on foot when he was knocked over by a car. The client was unable to remember much of what happened. The car driver alleged that our client had walked out in front of her, giving her no time to stop. Some witnesses supported her in this, however other witnesses nearby indicated that our client had already reach at least the middle of the road before the car appeared, and there was no reason why the driver could not have seen him and taken evasive action.
The driver’s insurers denied liability – they disputed that they should have to pay any compensation to our client at all.
Our client sustained nasty injuries, including a moderate head injury and a serious injury to his knee. He was elderly, but before the accident he was mobile and independent; he still worked, despite being over 70 years old. Luckily his head injury did not produce any long-term symptoms. However, his knee injury prevented him from going back to work and made him significantly less independent.
Despite the defendant’s firm denial of liability, we managed to persuade her insurers to pay our client compensation of £10,000. Although this was quite a bit less than what he might have received if his claim had gone to trial and he had won, the fact is that there was a good chance that he would lose and receive nothing at all.
There was some evidence in the client’s favour, but this was not overwhelming. Consequently, accepting £10,000 and having the certainty and security of that money in his pocket was a more sensible approach for our client to take, rather than running the risk of going further but ending up with nothing.
Our client was very pleased with this outcome, and it goes to show that it can sometimes still be worthwhile making a claim, even where the evidence is not overwhelmingly in your favour.