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Heer v Afzal & Zenith Insurance Management Limited, Leeds County Court, 22 June 2005

22 August 2005
The issues

Low Speed Impact – Road Traffic

The facts

The Claimant had a road traffic accident on 22nd February 2004. The Defendant admitted that contact between the vehicles concerned was caused by the First Defendant’s negligence. Liability was denied on the basis that no injury or damage was caused. The Defendant’s case was that the impact was at such a slow speed that the Claimant could not have been injured nor could his vehicle have suffered the damage which he claimed.

The Claimant had said he was thrown forward in his seat when the vehicle was touched and that there was transfer of paint from the Defendant’s vehicle to the Claimants. The Defendant said there was no damage to the Claimant’s vehicle nor had there been any paint transfer. He said the impact was light a light touch of the kerb with the wheels.

The expert evidence was to the effect that the impact was less than 3 miles or 4.8 kilometres per hour.

The evidence of Dr Seer was that he would not expect injury below 6 kilometres per hour.

The decision

The Defendant’s evidence was credible. The Claimant’s evidence was not. The engineering evidence was accepted namely that the speed of the impact did not exceed 4.8 kilometres per hour. Dr Seer’s evidence did not conclude the issue because following Armstrong v First York the Court could find for the Claimant on the issue of sustaining injury despite such expert evidence from the Doctor or another expert. The Claimant was not a truthful witness and was fundamentally unconvincing. He had either successfully mislead his Doctor or was able to rely on an injury from an earlier accident.

Claim dismissed.

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