In 2012 Mr P had been riding his motorcycle in Hampshire when a car which was driving ahead of him pulled over to the left hand side of the road and proceeded to perform a U-turn. Mr P was unable to avoid the car in front of him and a collision followed.
As a result of the collision the Claimant sustained multiple fractures and a crush injury to the left foot; Complex Regional Pain Syndrome to the left foot; a wound over the dorsal aspect of the left foot which became infected; a soft tissue injury to the neck; a soft tissue injury to the shoulders; and psychological overlay
The Claimant was appointed solicitors to act for him by his insurance company who initially submitted his claim through the low value claims portal, which at that time was intended for case where the likely settlement would be less than £10,000. Liability was admitted and shortly thereafter Mr P transferred his claim to Bikelawyer.
Due to that nature of his injuries Mr P had complex rehabilitation needs. Bikelawyer appointed a case manager to oversee Mr P’s complex rehabilitation. Mr P was unable to return to work for nearly a year while his recovery was progressing and, when he did return, he work reduced hours until his rehabilitation was completed.
Whilst Mr P was off work he was not being paid an as such Bikelawyer asked that an interim payment be released to cover Mr P’s loss of earnings. The Defendant refused to release an interim payment and as such formal court proceedings were commenced.
Significant medical evidence was required and both parties obtained medical reports from orthopaedic surgeons, psychologists and pain experts/rheumatologists.
A trial window was set at which time the Defendant made an offer to settle the Claimant’s claim in the sum of £40,000.00. The offer was not accepted but the parties agreed to explore settlement by way of a Joint Settlement Meeting (JSM). The day before the JSM was to proceed the Defendant served surveillance evidence which they claimed demonstrated that the Claimant’s level of disability was not as severe as the medical experts had been lead to believe.
Bikelawyer postponed the JSM in order that the surveillance evidence, which had been served very late in the day, could be properly considered. Following a review it was felt that the evidence showed nothing untoward and so an alternative date for a JSM was agreed. At that JSM a settlement was reached in the sum of £109,805.14. The Defendant made no reference to the surveillance footage throughout the JSM.