The Claimant a 55-year-old taxi driver was injured when the Defendant collided into his stationary vehicle. The Claimant’s vehicle was declared a total loss and he sustained numerous soft tissue injuries to this neck and shoulders. The Claimant’s claim included taxi credit hire and the Defendant raised a number of serious and significant allegations regarding the credit hire claim. As a result, we instigated court proceedings promptly following which the Defendant filed a comprehensive Defence of the credit hire claim. The Defendant alleged that the Claimant’s vehicle was a profit-earning chattel and that the claim for special damages should be limited to the net profit lost by the Claimant due to the accident. The Defendant’s allegations also included assertions that the Claimant had failed to mitigate his loss and had failed to utilise his own fully comprehensive insurance policy. The claim was allocated to the multi-track and we efficiently dealt with detailed court directions and prepared costs budgets. The Defendant attempted to use a number of precedent law cases such as Zurich v Umerji [2014], Opoku v Tintas [2014] to avoid their liability for the credit hire charges and after lengthy and complex discussions with the Defendant, we achieved an excellent settlement in the region of £32,000.00 for hire charges. We achieved a final settlement in the region of £50,000.00.

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