Case study: cyclist suffers hand injuries after a driver in a parked car opens the door without seeing him

Mr D was awarded £3,950

JMW has been successful in obtaining £3,950 compensation for a cyclist who suffered hand injuries after a driver in a parked car opened his door without seeing the cyclist.

Mr D, a cyclist, was riding his bike down a main road when a motorist in a stationary car opened the driver’s door of the parked car and hit Mr D’s hand and chest, throwing him off his bike and onto the ground.  Mr D decided to claim for his injuries and was put in touch with JMW Solicitors LLP. 

The claim

A claims form was filled in on Mr D’s behalf, which outlined the particulars of the accident, Mr D’s injury and its effects on his life.  Once Mr D confirmed the form was accurate, we submitted this to the defendant’s insurer, so that Mr D’s claim could be processed. 

The defendant’s insurer admitted liability for the accident, but still required medical evidence of Mr D’s injuries to settle the claim.  We arranged for Mr D to visit an independent medical consultant to provide a full medical report on his injuries. 

Medical report

The medical report highlighted that Mr D had sustained a cut and a soft tissue injury to his left middle finger, bruising and soft tissue injuries to his chest wall and suffered from anxiety after the accident.  Mr D’s report also noted that he visited his GP after the accident, who gave him exercises to aid him in regaining movement in his finger. 

When Mr D saw the medical expert, small scars on his chest and left middle fingers had formed.  It was also noted that Mr D’s anxiety should resolve over time, but that it may be wise for him to be referred to a Clinical Psychologist in order to obtain a prognosis. 

Negotiating a settlement

Mr D decided not to see a Clinical Psychologist regarding his anxiety symptoms and consented to us submitting the medical report to the defendant’s insurer and making an offer to settle.  However, the Defendant’s Insurer did not respond to our offer in good time and so we took a proactive stance to progress the case forward and prepared and submitted court documents to Mr D for signing to enable her to issue County Court proceedings.  This would allow us to protect the case so that if negotiations did not proceed to our satisfaction, the Court could be asked to consider the evidence on the case and make a final decision on the amount of compensation Mr D should receive. 

Final settlement

While we were preparing the necessary Court documents, the defendant’s insurer made an offer to settle the case.  We considered this to be a reasonable offer and advised Mr D accept it.  Mr D agreed, and accepted the offer.  He gave us the following warm words of praise: 

“Wow, I can’t believe it has finally come to an end. I guess this will be one of our last correspondences, so on behalf of myself and the Mrs, thank you for all your advice and assistance with this case. I will recommend you guys if any of my friends end up having an accident that wasn’t their fault in the future.”

Have you suffered injuries in a similar incident?

If so, our expert solicitors could help you to make a claim. Get in touch today by calling 0808 168 7228 or filling in our contact form.

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