Mr Michael Gallagher, from Leicestershire, was involved in a road traffic collision in July 2009.
Mr Gallagher was travelling along Ashby Road in Ibstock when the driver of another vehicle pulled out from a side road and collided with Mr Gallagher’s vehicle.
Repair documents noted that Mr Gallagher’s vehicle had suffered from damage to the front bumper, wing, headlamp and wheel trim, costing almost £500 to repair.
Following the accident, Mr Gallagher developed pain in his neck, with a clicking sensation, pain and bruising to his right shoulder, his right wrist and anxieties about travelling by car. He was examined by a General Practitioner nine weeks after the accident who accepted that Mr Gallagher had sustained genuine injuries in the accident and diagnosed soft tissue injuries to his neck, right shoulder and right wrist, as well as shock, nervousness and irritability.
The medical expert noted that the neck and shoulder injuries and psychological symptoms had resolved by two weeks post accident and provided a prognosis for recovery from his right wrist injury within six months of the accident.
The other driver’s insurer alleged that Mr Gallagher had been indicating to turn left to drive into the side road and that he had driven into collision with their insured’s car when it was just a few inches over the give way marking of the junction. Despite the damage documentation and evidence from the medical expert, the insurer also alleged low velocity impact and that it was not possible for Mr Gallagher to have sustained injury as a result of the collision.
Mr Gallagher was a credible individual. The medical expert stated that Mr Gallagher’s injuries were consistent with his account of the accident, there were no disparities between Mr Gallagher’s account and his clinical findings on examination and that he appeared to be a reliable witness. His evidence was also corroborated by the damage documentation.
The other driver’s insurers did ultimately accept responsibility and paid Mr Gallagher £1400 compensation for his injuries, pain and suffering.
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