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Legal 500 (2013)

RTA in France

£210,000 for motorist following RTA in France

Our client was a motorist towing a caravan in Northern France.  In mysterious circumstances the caravan went out of control, with the suspicion that it had been struck in the rear by a Belgian-registered lorry.  The lorry driver claimed however that the caravan had started to zig-zag, provoking the accident.  Liability was denied.

The matter was investigated by previous lawyers who suggested that there was insufficient information to pursue a claim and legal expenses cover was, as a result, withdrawn.

The accident had dramatic repercussions in that the client was severely injured and his wife and two daughters were killed.  Although we were not able to persuade the legal expenses insurers to reinstate cover, the matter was taken on a no win-no fee arrangement.

After several years of litigation total damages were recovered amounting to in excess of £210,000 for the client and other members of his family.

Retrospectively an attempt was also made to reinstate the legal expenses cover previously denied.  This was refused but following an initiative to the Financial Services Authority the full amount of the legal expenses indemnity was subsequently paid, contributing thereby to the client’s non-recoverable costs in French proceedings.

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Stephen, London 

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