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12th January 2012
A ‘Low Velocity Impact’ case arises where the Defendants or their insurers allege that the impact in a road traffic accident was too low a velocity to cause personal injury.
It is a serious allegation for them to make as they are essentially saying that the Claimant is lying about their injuries for the purposes of bringing a claim.
The Claimant’s Solicitors will generally rely on the Claimant’s evidence and the report of a medical expert to show that the injuries were as a result of the collision.
General principles were set down by the Court of Appeal in Casey v Cartwright. These are:-
The Defendant should identify any issue with the injury or causation of the injury within 3 months of being notified of the claim. If they do not they should then be precluded from obtaining their own medical evidence.
The issue needs to also be set out clearly by the Defendants in any defence.
Whilst there will be a lot of expert evidence involved in these cases , medical and perhaps an engineers report too, each case is still largely fact sensitive and is likely to stand or fail on the basis of witness credibility.
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