Legal Expenses Insurance Covers Man Injured Whilst Shopping

07 August 2018

Client Situation

Mr E went to his local supermarket just after Christmas to do his usual shopping. He was walking between the aisles with a shopping basket, walking towards the tills, when he was struck from behind by a trolley. This was being pushed by an employee of a courier company who was acting under the instruction / control of the supermarket.

The trolley that had struck Mr E was overloaded with stock. Mr E fell to the floor when the trolley struck him, and landed on his metal shopping basket.

An ambulance was called and Mr E was treated by paramedics at the scene. He sustained multiple injuries, including a laceration to his chin as well as bruising to his left shoulder, left elbow and left leg. Mr E also suffered from shock and anxiety for a short period of time after the accident.

How We Helped

Mr E has home insurance with Co-op and he knew that this provided him with Legal Expenses Insurance so he contacted Co-op Legal Services to see if we could help him. Even without Legal Expenses Insurance, our Personal Injury Solicitors can deal with most types of personal injury claims on a No Win No Fee basis.

We assessed Mr E's injury claim and agreed to act on his behalf.

The first thing our Solicitors did was to send a Claim Notification Form to the supermarket where the accident happened. The supermarket's insurers denied liability for the accident and redirected us to the courier company that the person pushing the trolley was employed by.

We submitted a Claim Notification Form to the courier company, who also denied liability and referred us back to the supermarket. The courier argued that their employee had been instructed to take that particular route through the supermarket by the supermarket's employees.

In the meantime, we arranged for a medical expert to carry out a medical examination of Mr E and his injuries. Based on the medical report, we calculated the value of Mr E's injuries before making a Part 36 offer to both the supermarket and the courier company.

The Outcome

The supermarket and the courier company came to an agreement that it would be sensible to settle the claim, rather than risk defending it and the case proceeding to Court. It is likely that the two parties may have agreed to split liability 50/50 off the record.

The solicitors acting on behalf of the supermarket accepted out Part 36 offer on a without prejudice basis. Mr E's claim was settled for £2,500 compensation.

Client Testimonial

"I received constant support from the Co-op and my Solicitor, they advised me how to put a claim in and supported me throughout this process. Luckily I had house insurance [with Co-op] which covered me and as a result I received compensation for my injuries.

"I am very happy with the outcome and the help I received from the Co-op throughout this time. I have again re-insured with the Co-op this year." Mr E.

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