We received instructions from one of our clients on a case where, in August 2016, structural damage had been caused to an overbridge by a third party vehicle, with comprehensive repairs required.
Our team was instructed to recover uninsured repair costs from the vehicle operator and their motor insurers.
The situation
A haulage vehicle transporting machinery collided with a bridge as it was trying to pass underneath. The machinery was not loaded to the vehicle in the correct manner. This was a significant repair, with original repair costs assessed and considered to be more than £2m. Our client and repairing contractor managed losses so that final repair costs were much reduced, although it was several years before reinstatement of the bridge was complete and the quantum pack finalised.
The letter of claim was finally issued in May 2021.
Needless to say, our client encountered numerous challenges from the defendant loss adjustor, who intended to reduce the claim value. Requests for additional information and documentation were complied with however it only achieved an offer of approximately two thirds of the actual cost. Our client instructed us in November 2021 in order to expedite an increased settlement.
Actions taken
The most pressing issue was limitation and our team agreed with the defendants not to issue proceedings, instead entering into a post-limitation standstill period.
During that period further evidence was obtained and exchanged, independent expert advice was obtained in relation to quantum and substantial negotiations entertained.
Outcome
We agreed an increased settlement of £1m+ including legal costs, which was agreeable to both parties.
Author: Ian Evans