Damages for Cyclist at Trial
Everett v Burling
Cambridge CC – 04/12/2008
We were instructed by Mr Everett in relation to an accident he suffered as a cyclist, when a car emerged from a side road, knocking him from his bike.
Mr Everett suffered soft tissue injuries to his back, and suspected fractured ribs. Mr Everett made a complete recovery from his injuries within 3-4 months from the date of the accident with no ongoing symptoms, and had sustained financial losses of £569.94.
The Defendant’s Insurer failed to concede liability and accused Mr Everett of riding into their driver’s vehicle, despite there being no evidence to support their allegations.
Proceedings were commenced in April 2008 and the Defendant entered a Defence and Counter Claim for the cost of repairs to their vehicle.
We made offers to the Defendant to settle on a 100% liability basis and to agree quantum at £2,300.00.
Following the filing of their Defence and Counter Claim the Defendants failed to comply with Court Directions for filing of lists of documents, supporting evidence and witness statements. In response to this we issued an Application to strike out the Defence and Counter Claim. Finally, just 4 weeks prior to the trial, and 1 week prior to the Application hearing the Defendant conceded liability, withdrew their Counter Claim, and made a settlement offer, which they deemed their maximum offer of £1,900.00, which was duly rejected.
The case proceeded to trial on 4th December 2008 at Cambridge County Court in front of Deputy District Judge Stewart.
DDJ Stewart awarded the Claimant £2,424.11 inclusive of all damages and interest. In his Judgment DDJ Stewart severely criticised the Defendant and awarded the Claimant Indemnity Costs, and interest on costs to a total of £16,000.00.