Successful Defence of Client Who Was Taken to Court
Successful compensation claim after road traffic collision
Karl Kalina from AWH Solicitors represented the first defendant in this case relating to a road traffic collision on 2nd June 2015.
What Was the case?
In this road traffic accident claim the first defendant was the owner and driver of a VW Passat motor vehicle, and the claimant was the driver of a BMW 635D.
The claimant contends that he was driving along Woodhouse Street, Leeds when the first defendant drove out of a side road Woodhouse Cliff to the right and collided with the offside of the claimant’s car.
The first defendant contends that she was stopped at the give way line on Woodhouse Cliff, intending to turn right onto Woodhouse Cliff, when a Silver MPV car driven by Mr A stopped on Woodhouse Street to the first defendant’s left and flashed for her to pull out. Mr A wanted to turn right into Woodhouse Cliff and needed the first defendant to exit the side road so he could make his turn. The first defendant pulled out and made her turn, but the claimant then undertook Mr A’s silver MPV car on the nearside, lost control and collided with the first defendant’s car.
Court proceedings were issued by the claimant on 16th February 2016; AWH Solicitors defended the action and the first defendant brought a counterclaim for her losses.
The first defendant notified her insurers of the accident but did not pursue a claim via them. This was largely in the interests of protecting her no claims history, as well as avoiding a policy excess.
The first defendant hired a rental car, using two different vehicles during the period of hire. The first vehicle was a Vauxhall Astra for a period of 64 days. The second vehicle was a VW Jetta for a period of 118 days. The daily rate of each vehicle was £55, plus a daily rate of collision damage waiver at £10. The total cost of hire, including delivery and collection, the administration fee and VAT was £18,600.00.
The first defendant needed a vehicle as her own car was inoperable due to the accident. The first defendant pleaded to be indigent at the time of the accident and throughout the period of hire, illustrating clearly that she was not in a financial position to hire a replacement vehicle from the basic hire market.
The first defendant’s vehicle was in storage for a total of 178 days at £25 per day. The recovery charge was £250.00, totalling the overall cost as £4,750.
Whilst in storage, the car was inspected and deemed a write-off. AWH Solicitors secured a payment from the claimant’s insurers to cover the pre-accident value of the car.
As a consequence of the accident the first defendant sustained the following losses:
- Total loss – £2,520.00
- Credit hire charges – £18,600.00
- Storage and recovery charges – £4,750.00
The first defendant contacted AWH Solicitors in order to recover the losses that she faced as a result of the accident.
Proceedings were issued by the claimant, represented by Dunne and Gray Solicitors, against the first defendant. AWH Solicitors came on record as acting for the first defendant and filed a defence and counter claim. The second defendant was the first defendant’s motor insurers and they were brought into proceedings to defend her claim.
The claimant brought a claim for credit hire of £28,860, recovery and storage at £683.00 and total loss of his car at £10,692.99. He also claimed compensation for his injury suffered. The total claim AWH Solicitors had to defend for the first defendant was for £45,000.00.
A defence was filed raising mitigation as an issue, and disputing the claimant’s entitlement to credit hire charges. The counterclaim was brought to recover the first defendant’s own hire claim and compensation for her personal injury.
The matter was listed for a two day trial on the 24th April 2017 and 25th April 2017.
The claimant filed a witness statement of himself and his passenger. The first defendant filed witness evidence of herself and two independent witnesses: Mr A, who was the silver MPV driver on the main road who flashed out the first defendant, and also Mrs B who was driving a car behind the first defendant.
Solicitor Karl Kalina, who was handling the file on behalf of AWH Solicitor, began to prepare the case for trial on the issue of liability.
On the 24th April 17 (the morning of the trial) before the parties were called in by the judge, The claimant’s barrister made an offer to settle the liability. After negotiation, a split liability was agreed between the parties, and so the trial was vacated as the matter was all agreed on the doors.
The case has been sent to costs draftsmen to prepare a formal bill for the charges incurred in AWH Solicitors pursuing the first defendant’s car accident compensation claim. The matter falls outside the fixed costs regime and was allocated to the multi-track. When costs budgets were filed the court agreed to limit the first defendant’s costs to £28,000.
No offers were made pre-issue to settle the first defendant’s claim, but when the claimant issued proceedings, AWH Solicitors stepped in to help the first defendant recover her own losses and successfully defend her in court.
Hear more about the member(s) of our team featured above:
- Karl Kalina Associate Solicitor view profile