Road Traffic Accident

Motorcyclist receives £75K settlement despite dispute in liability

May 11, 2023
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Written by Caroline Morris, Director | Serious Injury Law

The Incident

In September 2020, our client, 43-year-old woman was travelling by motorcycle from Buttington to Trewern in Powys, Wales, when she reached a tight bend. The client slowed down and noticed that another vehicle approaching in the opposite direction was edging closer to the white line than necessary. Our client then moved towards the kerb to avoid an incident, but in doing so, the third party hit the client’s bike and flipped her off.

Our client was diagnosed with the following injuries:

• Rupture to the anterior cruciate ligament (ACL) and lateral collateral ligament (LCL) on the left knee

• Fracture and iliotibial band (ITB) sprain to the right knee

• Bruising to the pelvis

• Soft tissue injury to neck and shoulders

• Fracture to the left big toe

• Anxiety

The Case

Following the RTA, the client sought representation with Fletchers Serious Injury, with Senior Litigation Executive, Claire Phillips taking on the case.

Initially, liability was denied by the third party’s insurers, and it appeared that our client had little prospect of a successful claim – in fact, a claim was brought against her by the third party. Our client maintained that she was not at fault.

Our client attended a trial as the defendant and gave her evidence. However, at trial, the third party’s claim was dismissed and the Judge favoured our client’s version of events.

As a result of the claim being dismissed, the insurers instructed the third-party solicitors to admit liability.

The Outcome

Our client’s claim progressed and medical evidence was obtained. Thanks to our client’s determination and the tenacious approach of our legal experts, an offer was accepted and the client was awarded compensation of £75,000.

Our client hopes to use the compensation to fund renovations to a property she purchased with her brother.

In conclusion of the case, Senior Litigation Executive, Claire Phillips commented:

“It has been a pleasure working with this client, she has remained consistent with her evidence throughout and with her determination won a liability dispute at court despite being the defendant in the matter.

I am grateful we have now reached a settlement agreement which is life-changing for the client and wish her the best of luck for the future.”

The client added:

“What a rollercoaster this has been from the very start of seemingly a hopeless case, with many twists and turns, to then winning and being awarded a life-changing amount.

“I cannot thank Claire Phillips and her team for all their time, understanding, and hard work. To get to this, I am forever humble and grateful to you, these guys come with the highest recommendation from myself. Thank you so much for everything.”

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