Successful claim for compensation after accident in car park
Tom Xu from AWH Solicitors represented our client in this case relating to a road traffic collision on 5th February 2014.
What was the case?
The claimant was the owner and driver of a Vauxhall Vectra and the defendant’s insured Mr B was the driver of a Volkswagen Polo.
The claimant claimed they were driving their vehicle within the car park of Mercure Hotel, Bradford Road, Bingley, when the defendant’s insured driver attempted to cut in front, consequently colliding with the claimant’s vehicle.
The claimant issued a claim for personal injury, damage to their vehicle; hire charges, and storage and recovery charges.
The claimant’s claim was broken down as follows:
- Personal Injury – whiplash type injury valued in the region of £3,000
- Vehicle Damage – Total Loss value net of salvage value £1,870
- Credit Hire Charges – £19,036.80
- Storage and Recovery Charges – £2,529
- Miscellaneous Expenses – £30
The claimant was paid out for the vehicle damages as claimed in April 2014.
However, despite liability not being in dispute, no agreement could be reached in respect of the other heads of loss, and court proceedings were issued on 10 December 2014.
The defendant filed a defence disputing causation and quantum and did not enter into serious settlement negotiations until shortly after evidence, from both a witness at the scene of the incident and regarding basic hire rates, was exchanged.
After a brief negotiation period, the claimant’s claim was then settled in the sum of £20,370 (inclusive of the interim payment for vehicle damages) on 8 September 2015.
Chasing the unpaid costs
The defendant’s cheque for the outstanding damages amount was received on 22 October 2015, and the defendant also sent a cheque for the claimant’s costs in the sum of £9,874.80 as claimed on 29 October 2015.
The cheque for damages was processed without issue, however, the cheque in respect of the claimant’s costs bounced. Thus, the claimant’s costs remained unpaid.
AWH Solicitors then entered into substantial correspondence with the defendant’s solicitors regarding our client’s unpaid costs; however, the claimant still did not receive any substantive response.
The claimant, therefore, filed an application for judgment in respect of the unpaid costs, and an order that the defendant pays these costs (which now included an additional £805 in respect of the claimant’s costs of and occasioned by the application).
The court granted the claimant’s application in full.
Despite the court order, the defendant continued to provide no adequate response to the claimant, and they did not pay the amounts due in accordance with the court order.
The claimant’s judgment was therefore arranged to be transferred to the high court for the purpose of enforcement. A Writ of Control was then received in respect of the outstanding costs, and a Notice of Enforcement was then sent to the defendant giving them seven clear days to make a payment.
Again, the defendant did not make any payment for the outstanding costs within this time frame. It was then arranged for an enforcement agent to visit the defendant’s premises in order to enforce the judgment.
The claimant’s enforcement agent attended the defendant’s offices and met with their head of governance, who stated that she was unaware of the case, but then requested time to locate the person that needs to deal with the matter.
The claimant’s enforcement agent explained to her however that they would have 30 minutes to locate the relevant individual and if a payment was not forthcoming, they would start the process of taking control of goods. This process involves seizing expensive goods from the premises which, when sold on, value the total amount of money owed to the claimant.
The defendant did then proceed to pay the enforcement agent in full, and the amount which the defendant was eventually required to pay (including application costs, enforcement costs, and interest) totalled £12,113.57.
The claimant’s costs were therefore eventually recovered in full as claimed, and more.
This case study proves that AWH Solicitors will stop at nothing in order to award our clients the justice they rightfully deserve.
Road traffic accident claims
Road traffic accidents are unfortunately relatively common and affect millions of innocent people every year.
If you or someone you know has been involved in a road accident that was not your fault, you may be able to claim road traffic accident compensation for the injuries and losses the accident caused.
You can pursue a claim regardless of whether you were a driver, passenger, pedestrian or cyclist at the time of the incident.
Our expert solicitors are here for you, call today and find out more how we can help you in your specific circumstances.
We will ensure you the best chances of a success outcome on your injury compensation claim, and we don't charge a penny unless you win.
We handle all our personal injury cases on a no-win-no-fee basis so we can help you no matter your current financial status.
Hear more about the member(s) of our team featured above:
Tom XuAssociate Solicitor view profile
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