Insurance Case Law Update

We have the pleasure of attaching below three recent judgements following consideration by Sheriff McSherry at Dunfermline Sheriff Court of three separate injury claims arising out of the same road traffic accident.  Liability was not in dispute and the Sheriff was required to consider the respective values of the claims only.

Judgements

Dylan Clark v Acromas
Steven Clark v Acromas
Sybil Clark v Acromas

The driver suffered from a neck and shoulder injury radiating to his upper back which lasted for ten weeks.  He attended five physiotherapy appointments and had one day off work. There was no medical evidence led and the Sheriff simply accepted the account of his injuries from the Pursuer directly and the treating physiotherapist.  The Sheriff awarded £1250.00 in respect of solatium together with relevant interest in addition to £150.00 for the Pursuers inconvenience and miscellaneous expenses.

Similarly the front seat passenger in the vehicle was also awarded £1,250 for solatium together with £150.00 for miscellaneous expenses and inconvenience.  Again evidence was accepted from the Pursuer, together with her treating physiotherapist, that she suffered pain in her neck, shoulder and upper back for a period of around ten weeks.

In both cases the driver and passenger were referred for physiotherapy treatment via their Solicitors.  The company instructed invoiced each Pursuer £310.00, care of their solicitors, in respect of fivr sessions of treatment and one assessment.  The individual physiotherapist had only invoiced the company £190.00 for each Pursuer.  The Sheriff considered in both instances that it was competent for each Pursuer to recover the inflated sum of £310.00 in terms of the invoice which was issued by the company.  The Sheriff reached his decision despite the fact that neither Pursuer appeared to have mitigated their loss by attending for NHS treatment or made any form of payment towards the sum sought at the time of the hearing.

Finally the rear seat passenger, a minor, was awarded £500 for solatium in respect of an injury said to have lasted for six weeks together with £25.00 in respect of the inconvenience suffered.

If you would like any further information on this case or awards in general please do not hesitate to contact us.