Florist Involved In Rear End Shunt Awarded Damages For Whiplash Injury
The Claimant was a self employed florist who was injured in a road traffic accident when the defendant drove into the rear of his motor vehicle.
Liability was admitted for the accident.
The Claimant suffered a ‘whiplash’ injury to his neck and lower back. He was unable to fulfil all of the requirements of his job for the first two months after the accident, in particular he was unable to do deliveries as he had pain when driving and carrying the flowers.
The Claimant’s injuries gradually improved until a full recovery was made at 12 months post accident.
The Claimant claimed damages for personal injury and for a loss of earnings. During the first two months he had employed a driver to undertake his deliveries for him, on an ad hoc basis. The cost to the Claimant was £1500.
The Claimant’s business was a new start up and there were no accounts posted that pre dated the accident for comparison purposes. We obtained a statement from the driver the Claimant had paid which provided confirmation of the money he had received and the days he had worked. The Defendant refused to consider this loss on the basis that the accounts of the Claimant did not support a loss of income and that he may well have used a driver in any event.
The Defendant offered £1900 all in, to settle the claim and proceedings were issued.
The case was allocated to the fast track and witness statements were filed immediately and disclosure dispensed with. We had made an offer, prior to the issue of proceedings, to settle at £4500.
Two weeks before the hearing date the Defendant made an improved offer to settle at £3750, which the Claimant decided to accept.