Car accident news
09/03/2009
Media spotlight helps no win, no fee claim

A have-a-go hero who stopped a Royal Mail van from careering backwards down a hill near Bristol by opening its door and applying its handbrake has been told he will not receive injury compensation for the car accident.

Although Royal Mail does not contest the fact that the man suffered a cracked rib and a grazed knee in the course of stopping the van, they claim that the claimant was "the author of his own misfortune".

However, the claimant and his no win, no fee solicitor believe that his car accident injuries should be compensated by Royal Mail and have already sent them a letter outlining the reasons they believe compensation should be paid.

Royal Mail have received the letter and replied with one of their own, which states: "We cannot be held responsible for your client's injuries in choosing to stop a moving van without considering the personal consequences.

"We assume your client is of average intelligence and as such he must have known that what he was attempting to do was fraught with great danger, with the real possibility of personal injury.

"With that real threat apparent he should never have attempted to do what he did and while his actions may have been brave, they should not have been at the expense of his own safety.

"Had your client not attempted to stop the van it would have continued without posing any danger or threat to your client.

"That being the case, no injury could have been sustained."

It adds: "We trust common sense will prevail here and you will simply advise in due course that your client's claim is withdrawn."

The claimant, who appears intent on proceeding with a no win, no fee car accident claim, commented, "When I saw the letter I just laughed, I didn't believe it."

And it seems his vigilance may just receive reward, as media attention surrounding his case has resulted in Royal Mail both apologising for their hardline stance and entering negotiations with the claimant's solicitor.

 

 

 
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*Where replacement vehicle costs can be recovered from the insurance company of the person who caused the accident. Where this person is untraceable or uninsured, or where there is a dispute over liability, a replacement vehicle cannot be provided.