Compensation for Whiplash Injury

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The Claimant was involved in a road traffic accident in March 2006. Liability was relatively straightforward but the Defendant refused to give any details other than his name. the Claimant took down the registration number of the vehicle.

The Claimant suffered a whiplash injury to his neck. The medical expert indicated that he would make a full recovery within 20 months of the accident. The medical report was sent to the Claimant with a recommendation to make an offer to settle.

Insurers for the Defendant were traced using the Motor Insurers Database. They admitted liability and asked for medical evidence. The evidence was disclosed and an offer of £2500 was made.

We wrote to the Claimant to advise him of the offer but were unable to obtain a response. Time went by and we were unable to make contact with the Clamant. With three year limitation approaching the Defendant insurers were contacted to see if they would either provide the address for their policyholder for service or nominate solicitors to accept service. They refused to do either.

Eventually, with limitation upon us, proceedings were issued naming the insurer as Defendant in accordance with the EU Rights Against Insurers.

The insurers failed to respond and a judgement was obtained. This resulted in the Defendant’s insurers making an improved offer of settlement of £5000 in order to have the judgement satisfied as quickly as possible.

The Claimant was finally located by using a tracing agent. He accepted the offer of £5000 and costs were agreed.