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Raised Causation in car accident

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  • Raised Causation in car accident

    Hi, we are a family of 4 seeking some legal advice on a car accident we were all involved in in September 2020. This accident was not our fault as we were stationary when we were hit from behind whilst stood at a zebra crossing.
    The other party have admitted liability for the actual accident but are now raising causation to our injuries. They have said that the collision was so minor in nature that the force of the impact would not have been sufficient enough to have caused us any injury.
    Our injuries thankfully have now subsided, but we were all genuinely injured.
    The police attended the accident - due to the other driver giving us false information at first and also trying to pay us off at the roadside. We also went straight to hospital, my wife took a week off work and myself, wife and 2 young children attended physio for 4 weeks, we also each had a medical report done which concurred with our injuries.
    We have received a letter today from the solicitors which we were referred to from our insurer basically stating that the other side is raising causation for our injuries and that if we wish to proceed it might end up in court and for us to consider carefully if we wish to proceed as if found against us then we would have to pay the other sides legal fees etc?
    We are completely baffled as our claim for injuries is very geniuine and although our injuries were not life threatening, we truly were injuried in the accident and have been affected by this - whiplash for all, pulled lower back pain for myself and wife and arm injury consistent with muscle tear for myself - whilst holding onto the steering wheel when we were hit. My son starting wanting to sleep with us on a night time , he was very scared, he also started having bed accidents, my wife now hates to be in a car, she holds on when we are travelling and is very nervous .

    Please note the other driver is actually insured by the same insurer as ourselves.

    many thanks in advance
    Tags: None

  • #2
    Did the solicitor not add that the answer is that you must have been injured because after the accident you went straight to the hospital.
    Seeking medical attention immediately after the accident is one of the surest indications you were injured i.e. of causation.
    Another way in which your Solicitor can show causation is by keeping prescription receipts, and confirmation of your physiotherapy treatment.
    Presumably you also used medication to obtain pain relief. That would by itself normally be confirmation that you were injured and that it was due to the accident.

    Perhaps you should seek assistance from a different solicitor and not one appointed by an insurer who is trying to work for both parties

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