Significant Uninsured Driver Road Traffic Accident Claim Concluded
A six-figure settlement has recently been secured for the victim of a life changing Road Traffic Accident by James Braund, injury specialist partner at Trethowans LLP in Poole. James was assisted in the claim by personal injury solicitors, Isobel Leigh-Warren and Emily Green.
The Incident
Miss D was on her way home after an evening out and was walking to a bus stop. As she was walking across a road, she was hit be a moped, which was being driven at speed, on the wrong side of the road, whilst it was being chased by the police.
Miss D was initially unconscious, before she was then taken to hospital. It was identified that she had suffered a significant right tibial plateau fracture and various facial fractures. She also suffered psychological injuries. Miss D underwent surgery on her leg and was provided with inpatient physiotherapy, psychotherapy, and occupational therapy.
Miss D had to move home to live with her parents, initially, who cared for her until she was able to return to her flat. She also noticed difficulty concentrating and some short-term memory issues.
The Claim
Miss D and her parents approached James in around August 2022, shortly after the accident.
James undertook initial investigations regarding the accident, including gathering evidence from the emergency services (such as bodycam and CCTV footage). It transpired that the moped, which had been stolen, was also uninsured. As such, James put the claim to the Motor Insurer’s Bureau under the Uninsured Drivers Agreement 2015. Rehabilitation was also provided, via a Case Manager, funded by the Motor Insurer’s Bureau.
Police Investigation and Criminal Proceedings
Due to the nature of the accident, involving a police chase, the matter was referred to the IOPC (Independent Office for Police Complaints). However, the IOPC concluded that there was no fault on the part of the police, who had suitably assessed risk during the pursuit.
The moped rider became subject to criminal proceedings. However, these became protracted, due to issues surrounding his capacity. A finding of fact hearing initially took place, where it was determined that he had done the act of dangerous driving.
Investigations into the accident continued on both sides. However, following release of the further police documentation and the supportive finding of fact in the criminal hearing, the Motor Insurer’s Bureau accepted that fault lay with the uninsured driver (and that, as a result, they would be required to deal with the claim).
Due to the approach of the 3 year limitation period, civil proceedings were also issued and served.
Further Investigation and Settlement
Medical records were obtained and James obtained expert medical reports from a specialist lower limb surgeon, a hepatologist, an ENT surgeon, a neurologist, a neuropsychologist and a neuropsychiatrist. Steps were also taken to finalise this evidence, with input from a barrister.
This evidence, as well as further documentation and witness statements obtained, allowed James to prepare a Schedule of Loss and look to value the claim.
Whilst waiting for the Court to list this matter for an initial procedural hearing, the Motor Insurer’s Bureau made an offer to settle the claim, which Miss D accepted, following consideration.
Client Feedback
Miss D stated “James was highly recommended to me for pursuing this claim, and he could not have been more helpful in guiding me through this very difficult process. Due to the circumstances, this was not a straightforward case, but James, Isobel and Emily were tremendously supportive and were always able to provide me with the all the information that I needed, in a very digestible and non-patronising manner. Their commitment to this long process never faltered and I am truly grateful for everything James and his team have done.”
James added “Miss D was returning from an evening out when she was severely injured by an uninsured driver, riding a stolen moped. Although her injuries were substantial, she has worked very hard (including with rehabilitation and therapies) to get her life back on track, even when faced with distressing issues such as a long running criminal case against the driver. Whilst it is later than she had planned, I am delighted that she has managed to fulfil her pre accident ambition by starting a law conversion course at the start of this year. This settlement will continue to allow Miss D to move on with her life and put this awful accident behind her.”
