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Motorcyclist has to reconsider change of career following accident

Motorcyclist has to reconsider change of career following accident

May 27, 2021

A man who had just secured a dream contract to work with the Indian Cricket team for the World Cup is now having to reconsider his career after being knocked off his motorbike.

The incident

The 37-year-old security officer was riding his motorbike along Westminster Bridge Road on his way home from work when he was involved in an accident. Adrian Cope, of Rochester, was travelling in the bus lane and there were two further lanes to his right.

Investigations by Fletchers were able to prove that motorcycles were permitted to be in the bus lane and therefore, he had right of way and was correctly proceeding.  The Defendant, who was in the far-right hand lane of the three lanes made a left-hand turn, crossing over the middle lane and intending to cross the bus lane to proceed into a side road.  The Defendant however did not see Adrian correctly proceeding in the bus lane and as he proceeded, a collision occurred.

Adrian had to be taken to hospital to be treated for many injuries, including a fractured left hand, a fracture of the left shoulder, laceration of the bowel, a soft tissue neck injury, significant bruising and swelling and multiple cuts. He also suffered from PTSD following the accident. He was unable to work with the Indian Cricket team and has now been told that he may never be able to return to working as a security officer.

The case

Liability was disputed by the defendant’s insurers. They made a liability offer which we felt confident we would beat, maintaining that Adrian was there to be seen and the onus was on the defendant to check it was clear before proceeding.

Preliminary views from medical experts stated that Adrian was unlikely to be able to work as a security officer following the accident due to his injuries, and that sedentary employment may need to be considered.  Prior to the accident, Adrian had secured a contract to look after the Indian Cricket team for the World Cup but unfortunately, due to his injuries, he was not able to do this. He was also unable to play tennis or return to the gym, things that he used to enjoy prior to the accident.

The outcome

An offer was made in December 2019 to settle his claim for a sum just over £33,000. He was advised to reject this offer, as his solicitors at Fletchers were confident they could secure a higher settlement.

In September 2020 the insurers made two further offers, both silent in relation to liability. The first was a £70,000 Calderbank offer which was only open for acceptance for 14 days before being automatically withdrawn.

They also made a £60,000 P36 offer, which is an offer that has cost consequences if not beaten. Making both offers at the same time is a tactical stance some insurers take to try and encourage early settlements. The higher Calderbank offer is made with a short acceptance period then withdrawn leaving the lower offer on the table and open for acceptance thereafter.

The aftermath

As medical evidence was not complete, and given the serious injuries he sustained, it was recommended that the further investigations be undertaken to obtain a final prognosis before considering any such offers. Adrian however carefully considered the offers and decided to accept the Calderbank offer. He said that after a lot of consideration he wanted to move forward with his life and put all of this behind him.

Jane Lyons and Matthew Clark from Fletchers worked on the case.

Jane said: “It was a pleasure to represent Adrian and to secure a settlement for him. Despite medical evidence being incomplete, Adrian wished to accept the Calderbank offer, bringing to an end the constant reminder of this accident. The sums received will allow him to have the necessary treatment on a private basis should he wish to do so and will go some way to helping him rebuild his life.”

 

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