A cyclist, whose injury claim for a bike accident with a white van was contested by the van driver´s insurers, has now successfully resolved his claim.
In May 2015, Walter Hamilton was cycling on the outskirts of his home city of Edinburgh, when he was hit by a white van turning right immediately in front of him. Walter was knocked off of his bike and suffered cuts to his face and a serious knee injury as a result of the accident.
According to Walter´s version of the events after the accident, the driver of the white van was very apologetic and admitted that the accident had been his fault. However, when Walter approached Aviva Insurance with an injury claim for a bike accident with a white van, the driver had given his insurance company a different version of events – and supported it with staged photographs.
Relying on the van driver´s account of the accident, Aviva Insurance denied their policyholder´s liability for Walter´s injuries and contested the injury claim for a bike accident with a white van. Fortunately, Walter had taken his own photographs of the accident scene and, after seeking legal advice from a solicitor, launched legal action against Aviva Insurance.
After reviewing Walter´s photographs of the accident scene, Aviva Insurance admitted liability but tried to get Walter to accept a settlement much lower than his injuries entitled him to. A court hearing was set for June 14th for the assessment of damages but, less than three weeks before the hearing was due to take place, Aviva Insurance agreed to a £17,000 settlement of Walter´s injury claim for a bike accident with a white van.
Walter´s solicitor believes that the van driver had produced staged photographs in order to protect his no claims bonus, and criticised Aviva Insurance for their attempted third party capture. She added: “Walter’s case also shows the importance of taking photos. If possible, photos should be taken immediately following a collision, as these are the best evidence in supporting a particular version of events. Insurance companies often try and under-settle cases by putting forward low offers as they did initially in Walter’s case, but a fair level of compensation was fought for and won.”