Direct Line and the motorcyclist
In the article it is mooted that the cost of the personal injury award (£3.2 million) may have something to do with this.
The circumstances are simple to relate. Motorcyclist suffers accident with Direct Line Customer. Large payout made due to serious injuries. Later on Direct Line informed injuries don't seem so bad and try and recover some of the money. But they fail.
The key point here is that the award was originally made by a court and was based on the injuries that the motorcyclist had received and his condition at the time. There is no legal justification for amending the award should it turn out that the motorcyclist make a better than expected recovery - similarly there is no way someone could go back to court for an increased award should it turn out that their injuries are worse, or recovery more delayed, than expected.
The latter position may be more important to people who have been injured in an accident. Many people complain at the length of time it takes for a personal injury claim to be settled. However, once settled, the settlement is final. Their legal representatives must, therefore, in acting on behalf of such clients, do as much as possible to ensure that the clients receive as much compensation as is fair - and to so that they must delay until either recovery is complete or the injuries have stabilised.
For more information contact JB Portwood john.portwood#portwood.co.uk