In September 2019, 58-year-old Benjamin Bishop’s life was unexpectedly turned upside down when he was involved in a road traffic accident on the A630 in Conisbrough, Doncaster.

Mr Bishop was travelling along the road when he came to a queue of stationary traffic and stopped his car. While he was stationary another driver ran into the back of his car. The driver and their insurer admitted fault for the crash, but the road to securing fair compensation was far from straightforward.

The impact of the accident

As a result of the collision, Mr Bishop suffered multiple injuries:

• Psychiatric injury
• Whiplash to his neck and shoulders
• Tinnitus in his right ear

Of these, tinnitus had the most profound impact on Mr Bishop’s life. An avid music lover and guitar player, he found that the constant ringing in his ears dampened his ability to enjoy one of his greatest passions.

To aid his recovery, Mr Bishop’s legal team arranged for him to undergo a total of five physiotherapy sessions which included the use of distraction devices, such as zone-out headphones, to help manage the tinnitus. Despite his efforts, the effects of the accident lingered, particularly the tinnitus, which became a significant and ongoing challenge.

The disputes

Although the defendant had admitted liability for the collision, agreeing on the amount of compensation—known as quantum—was a contentious process. The main point of dispute centred on Mr Bishop’s tinnitus.

Medical records showed that Mr Bishop had reported tinnitus as far back as 2005, leading the defendant’s insurers to argue that the condition was pre-existing and not caused by the accident. Further complicating the case was a history of pre-existing hearing loss, as confirmed by ENT (ear, nose, and throat) experts. While Mr Bishop denied having prior hearing issues, these disagreements made it difficult to prove the severity of his injury and its direct link to the accident.

A strong legal strategy

Mr Bishop’s legal team worked diligently to overcome these challenges. They enlisted a team of medical experts to carefully assess the case and provide evidence supporting his claims. This comprehensive approach proved vital in countering the insurers’ arguments and ensuring that Mr Bishop’s suffering was acknowledged.

The outcome

After extensive negotiations, the case was settled for a five figure sum . This sum reflected compensation for the impact of the tinnitus and allowed Mr Bishop to purchase hearing aids to help manage the ongoing condition. Despite the disputes, the outcome was a positive one for Mr Bishop, who expressed his satisfaction with the settlement.

Lessons from the case

This case highlights the tactics insurers often use to minimise payouts, particularly when there’s a history of pre-existing conditions. It underscores the importance of having a skilled legal team that can gather robust evidence and advocate for fair compensation.

Mr Bishop’s story is a reminder that, even in the face of disputes, justice can prevail with persistence, expertise, and the right support.

If you've been injured in a road traffic accident, you may be entitled to compensation. Contact us for a no obligation chat about your options. Call us on 01302 320621 or email help@switalskis.com