19th April 2005

Bernard Smith, who is retired, was cycling along a major road in Billing, Northamptonshire, when he was knocked off his bike by a car pulling out of a side road, straight into his path. The accident took place on 20th August 2003.

Mr Smith suffered bruising to his ankle and hip and a soft tissue injury to his elbow which aggravated his pre-existing osteoarthritis. His bike was also damaged.

Liability for the accident was admitted soon after, but the driver’s third party insurers, Direct Line, refused to offer a settlement higher than £50. This was on the basis that the car’s driver, Gareth Morgan, said that Mr Smith wasn’t hurt and his bicycle wasn’t damaged. Medical evidence and an engineer's report were obtained which contradicted this.

The insurers instructed their own engineer who suggested around £250-£300 for bike repairs. The insurance company chose to ignore this, still offering only £50. Leigh Day & Co.’s estimates for repairs varied from £400-£700.

Mr Smith’s medical report said the bruising to his ankle and hip had healed quite rapidly but his elbow injury had affected his right hand and arm, leaving them weaker than his left. He is right-handed. The nerves in his right fingers were also affected.

As the insurers refused to be reasonable, we ultimately had to issue proceedings at Kettering County Court and 6 weeks later the insurers offered a settlement of £2,100, which Bernard accepted. 

Mr Smith was represented by Amber Ul-Haq in the Cycling and Sports team at Leigh Day & Co..