Claimant success in rear shunt case

Posted 24/06/2012

Tom Ranson of Ashtons Legal injury services has obtained personal injury compensation for a Norfolk man, Mr H, who had to go to hospital, suffering from whiplash and hand injuries following a road traffic accident.Unusually, Mr H was in the vehicle behind rather than the one at the front of the shunt; it is generally the case that the person who runs into the back of someone else is at fault.All drivers will be familiar with the circumstances in which a vehicle driving in slow moving traffic in one lane suddenly decides to switch into a faster moving lane and without warning pulls across in front. In this case, Mr H was driving in the faster lane, when the other driver pulled across in front of him and then slammed on his brakes. Mr H was unable to brake in time to avoid hitting the rear of the vehicle. There was a witness who was prepared to give evidence but both drivers thought he supported their case.The defendant insurer had no offer to make and on our advice, Mr H instructed us to issue legal proceedings. The defendant insurer finally saw sense and, in a complete about turn, put forward an offer which Mr H accepted in settlement of his compensation claim.Tom Ranson comments: “This was not a case which would normally appear to hold out much prospect of success – on the face of it, Mr H had driven into the rear of someone else, it was one person’s word against another’s and there was a witness whose evidence could be open to interpretation. As with all such cases, it was about the detail and us having confidence in Mr H and he in us.”