Marc Luxford recently appeared for an insurer as Defendant in a civil case involving five parties. The Claimant’s vehicle had collided with an uninsured driver and they were claiming both damages and damages for the credit hire agreement they had entered into.
Marc was instructed to accept liability on a 50/50 basis with another Defendant, also an insurance company with a Calderbank offer having been made by instructing solicitors.
At the trial, Marc made submissions on the liability to the District Judge who agreed with Marc and found the liability to be 50/50 – the other insurer having argued they had none.
After this finding, Marc was also able to successfully argue that the third Defendant, an uninsured driver, was indeed the driver of the vehicle at the time preserving his lay-client’s right of recovery under Section 151(8) of the Road Traffic Act 1988.
An offer was then made to settle the claim with the Claimant’s costs been agreed at 75% of those sought.
The damages awarded were nearly £10,000 less than what was claimed with significant savings on costs.
Marc was instructed by Amber Kent of Keoghs Solicitors.
To read more about Marc Luxford and his practice, visit his profile here.