25 October 2010
Professional triathlete and British Triathlon Federation member Emma Smith has successfully recovered damages following a road traffic incident that occurred on 19 November 2007, when a motorist flung open the door of his parked vehicle as Emma was passing it, causing her to be thrown from her bicycle.
As a result of the accident Emma suffered various soft tissue injuries to her upper and lower body, including whiplash and a haematoma to her right thigh. Emma’s training and competitive abilities were affected for months after the accident and her bicycle and cycling equipment were also damaged.
The driver’s insurers accepted liability for the accident and put forward an offer of compensation for Emma’s personal injury claim. Emma rejected the offer on the basis that she was continuing to undergo physiotherapy and sports massage treatment and the prognosis for her recovery was unclear.
After completing the course of treatment and obtaining independent medical evidence, Emma instructed us to submit a settlement offer to the driver’s insurers. After a period of negotiation a significantly higher award was agreed than originally offered by the insurerance company. In addition to receiving compensation for pain, suffering and loss of amenity, she recovered the cost of her treatment and damages for other consequential losses.
Emma was represented by Anna Hart in Leigh Day & Co’s cycling and sports injuries team. Her claim was supported and funded by British Triathlon.
Information was correct at time of publishing. See terms and conditions for further details.