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Re-opening an RTA settlement: Case Overview - Emma Melia, Spencers Solicitors

11/12/16. The Claimant was involved in a road traffic accident on 6th May 2012 and suffered injuries to his chest, ribs, thigh and lower back as a result of the accident.

The Claimant was 48 years of age at the time and worked as a self employed floor layer.

The Defendant’s insurers contacted the Claimant shortly after the accident and admitted full liability.

The Defendant’s insurers then continued to stay in contact with the Claimant by way of persistent telephone calls and pressurisation.

Some 4 weeks after the initial accident the Claimant was contacted again by the insurers with an offer to settle his claim for injuries in the sum of £10,000. This was despite the fact he had no legal representation, he was still suffering symptoms, still absent from work and no expert medical evidence had been obtained. It was at this point that the Claimant had also started to develop tremors down one side of his body and numbness in his arms and legs.

The Claimant stated that, other than within the wording of a form of authority that the he later signed, that the Defendant’s insurers did not advise him to seek independent legal advice before accepting the offer.

The Claimant had built up a relationship of trust and confidence with the insurer’s employee/agent whom allegedly...

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