Whiplash injury due to another's negligence

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Our client, Miss Marie Gilmore, an alert responder for South Lanarkshire Council, was involved in a road traffic accident on 23 October 2016.

Miss Gilmore's Peugeot van was stationary on the road. She was waiting for the third-party vehicle to pull out of a junction. However, the third-party driver failed to observe the right of way and proceeded to pull too far out from the junction, hitting another vehicle that was coming in the opposite direction. The collision caused the other car to veer over and hit the side of Miss Gilmore's van.

The Consequences

The force of the impact caused a jolt to our client's vehicle. As a result, she had a bruise to her collarbone caused by the flex and recoil of the seatbelt. She also sustained a whiplash injury. An ambulance had to attend the scene.

Although the worst of the pain settled within three weeks, Miss Gibson's soft tissue injury to her neck and lower back took 6-9 months for her to recover from fully. The accident did not cause her to take any time off work, however, as her job requires a large degree of driving and lifting, it did impair her ability to work to her pre-accident capability.

The Settlement

Miss Gibson was referred to Thompsons' road accident solicitors by her union, Unison. With clear negligent behaviour shown by the third-party driver, we were confident of the case's chances of success, and so we proceeded to intimate a claim to the third-party insurer.

The case was settled pre-litigation. The defender admitted liability and put forward an offer, which our client accepted. Miss Gibson received 2,300 whiplash injury compensation on 7 August 2017.

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