Today Rogers Personal Injury Solicitors Dublin settled a case at the Four Courts in Dublin. The case was a road traffic accident.
The circumstances were all too familiar - Elaine was driving along the N11 motorway from from her place of work in Cabinteely (Dublin 18). Traffic had grinded to a halt.
Suddenly Elaine's car was hit from behind by a third party. This is your typical "rear end shunt case." Insurance details were swapped at the time, but the Garda did not attend, even though were asked to.
Much to Elaine's annoyance, she received a telephone call from the third party insurer after making initial contact with them. The third party insurers informed Elaine that liability for the accident was denied. No reason was given for this. Unbelievably, Elaine had rear end dash cam footage which showed the accident. It could not have been clearer.
Elaine suffered soft tissue injuries to her neck and lower back, these were typical "whiplash" injuries. Elaine was forced to have her care repaired through her own insurer in light of the denial of liability.
Elaine then contacted Rogers Personal Injury Solicitors Dublin, after seeing their website and noting that they regularly act in car accident personal injury cases. One of our team called out to visit Elaine in her home. A report outlining Elaine's injuries was compelled by Elaine's GP and the case was submitted into PIAB.
The case exited PIAB after 90 days as the their party insurers denied liability. In such cases PIAB will not assess a claim - this only happens if the third party insurer consents to this.
The next stage was to issue Court proceedings. This was done within a matter of weeks and the case commenced in Dublin Civil Circuit Court. Around 3 months later Rogers Solicitors received a call from the Third Party Solicitors inviting us to settlement talks at the Four Courts in Dublin, to which we accepted.
After about an hour a settlement figure was agreed. Elaine was happy to have the case settled. However she was understandably upset that liability had been denied in the first instance and that Court proceedings had been necessary.