Two cars crushing

Last Thursday and Friday proved once again that Horwich Farrelly NI’s strategies are making a real impact on the legal landscape in the province.

A total of six personal injury claims were successfully defeated following two separate decisions. The estimated savings for the insurers involved are £100K.

The first case involved a liability dispute with a collision occurring on a roundabout which we resolutely defended. Commenting on the successful outcome, Matthew Fitzpatrick, Partner with conduct and head of our NI office, commented:

“Historically cases such as this are settled on a 50/50 basis. However in this matter we investigated the accident thoroughly and were confident that the photographs that were obtained at the accident scene, along with areas of damage to both vehicles, supported the defence of this matter.”

Minor car accident

 

The second case involved a rear end collision with four members of the same family, including two children. Liability was not in dispute but causation was very much in issue. The policyholder was adamant the collision was minor, supported by telematics data showing the impact occurred at less than 4mph. Having heard the evidence, the Judge found that the lead claimant had failed to satisfy the court that he sustained the injuries alleged and dismissed his claim. The three remaining claimants then withdrew their claims. Ryan Kelly, Associate Partner with conduct commented:

“I am delighted that the strategies that we implement in England & Wales and deploy in NI are now paying dividends in the Northern Irish courts. I presented our defence just as I would in England & Wales, including telematics evidence of speed and engineering evidence on damage and speed at impact.”

In both cases the evidence obtained in support of the defence was key to the successful outcome.  We did not simply rely on oral submissions, which has been the traditional approach of some.

If you would like to discuss any issues arising from these cases or our wider strategies in Northern Ireland please contact Matthew Fitzpatrick or Ryan Kelly.

 

Publication Author:

 

Matthew Fitzpatrick

Matthew Fitzpatrick
Partner

 

 Matthew Fitzpatrick

Ryan Kelly
Partner