Case study: £21,000 for dooring accident

Our cycling accident solicitors helped a woman to claim compensation after she collided with a car door and was knocked off her bicycle.

Our client was cycling along a road when the Defendant opened the driver’s door of his parked car. This caused her to collide with the door and bounce into a car travelling in the opposite direction, landing on her left elbow.

Surgery and physiotherapy for elbow fracture

Our client sustained a fracture to her elbow which required immediate surgery to insert wires, as well as later surgery to remove the metal work. Intensive physiotherapy was also required to aid her recovery from both the accident and the surgeries. The claim was submitted to the Defendant’s insurers and they admitted liability for the accident.

Our personal injury solicitors instructed an appropriate Orthopaedic Consultant with a special interest in upper limb/elbow injuries. The whole claim was reviewed and the decision made to remove the claim from the portal due to the potential value.

Issue of claim after medical report

The medical report was sent to the Defendant’s insurers and offers of settlement were invited. No response was received so the claim was issued. The insurers then responded to us and disagreed with our claim, however, they made an offer of £18,000 in full and final settlement of the claim. This was rejected and a counter offer of £24,250 was made.

The Defendant’s insurers then advised that, unfortunately, their insured had passed away and his widow had moved from the address where service was effected. They advised that service was defective. Our personal injury solicitors researched the necessary points of law and decided upon the best way to proceed. Whilst we were preparing to reissue the claim, the insurers made an offer of £21,000 which was accepted by our client.

The Defendant’s insurers argued that fixed portal costs should apply as the claim was removed from the portal and yet settled for less than £25,000. However, we argued that portal rules could not apply where a Defendant acts for the personal representative of a deceased person. Our costs were subsequently paid on the basis the claim had been issued albeit not served.

Further information

If you’ve suffered an injury as a result of ‘dooring’ or a cycling accident that wasn’t your fault, our specialist personal injury solicitors can advise you. To discuss a potential cycling accident claim, call 0117 325 2929 or complete our online enquiry form.