£492,000 Compensation for Pedestrian Injured by Untraced Driver

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Susan Vanden

Partner, Road Traffic Accident Technical Manager

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A Pedestrian Accident Claim Case Study – Client Situation

A woman in her late 30s was crossing the road one day when she was knocked down by a car. The impact of the accident led to her falling and landing on the left side of her hip. This has caused a number of lasting consequences, affecting the quality of her life significantly, to the extent that she has required extended physical rehabilitation, and she still has several ongoing health conditions. 

Our client developed pins and needles, and eventually lost the ability to walk. Because of this, she had to be treated in a rehabilitation unit, where she spent several months learning how to walk again. This took a toll on her mental health, as well as her physical health.

Unfortunately, the driver of the car that knocked her down drove off as soon as the accident took place, and sadly could not be traced. The woman therefore decided to make a compensation claim for her injuries through the Motor Insurers Bureau (MIB). However, the MIB rejected her claim outright. She then contacted our expert team of Road Accident Solicitors to ask for advice, and we were more than happy to help her find the best result possible for the damage she suffered.

a pedestrian walking on a crossing

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How We Helped

The woman spoke with us and we looked through her case thoroughly and listened to her worries and concerns about the effect the accident had had on her. After reviewing the details of the accident, we advised her that she could make a Pedestrian Accident Claim. We took on the woman’s case and appealed against the Motor Insurers Bureau’s decision, believing that the injuries caused to our client and the impact it had on her life following the accident was worth claiming compensation for.

We guided our client through the claims process and offered full support at all times, answering any and all questions about her claim and how everything worked. We also provided her with resources to help her cope with the trauma the accident had left her with. Once the claim had been made, Rose achieved a positive result by agreeing that the claimant would accept some but not all of the responsibility for the accident. Rose secured what’s known as a liability split of 66.6% in our client’s favour.

The Motor Insurers Bureau offered a compensation settlement of £15,000, but this was rejected, as we felt it was not enough compensation given the scale of how the accident had affected our client. It had caused her life to change in several important ways, including leaving her with several long-lasting health conditions. In addition, the rehabilitation she had to go through was a stressful and intense process, and one which was very time-consuming. Overall, her body and life were both put under a lot of strain due to the accident.

Although our client had been able to go back to work after the accident, and was in fact earning a higher salary than she had been previously, she still had a number of ongoing health issues, all of which very much affected her quality of life.

Specifically, she was suffering relapses of a neuropathic condition, which led to her regularly needing to have periods of time off work. This led to an argument from the Motor Insurers Bureau that she was pretending to be incapacitated in order to avoid work. We listened to her concerns around this condition and the impact it still has on her career, as it leaves her having to take a significant number of sick days, limiting the amount of work she can do in these periods.

We subsequently worked to prove that our clients’ condition was a direct consequence of her being knocked down by car, and that this should therefore be reflected in any compensation settlement. This countered the argument that our client was pretending.

We approached this case with sensitivity and understanding, as the impact this accident had had on our client was clear. She had suffered significant damage due to the accident, including health conditions and injuries, which have massively affected her life.

The Outcome

Eventually, the Motor Insurers Bureau did agree to settle the claim for a total of £492,000 compensation, which we believe was a very good result for everyone involved.

The sum of £492,000 is a considerably higher amount than the £15,000 settlement the Motor Insurers Bureau (MIB) had originally offered, and it more accurately reflected the damage the accident caused to not only our client’s physical health but also her mental health, as well as her quality of life.

This was a life-changing result for our client as she had lost her job as a result of her condition. The sum of money she was compensated is a considerable amount of money for anyone, and she was very pleased with the result of her claim.

Our client had hopes of starting a new life in another country, a dream which she now has the means to achieve thanks to the compensation she has now claimed.

Get in Touch

If you’re in a similar situation as this client, and you’ve been involved in a pedestrian traffic accident or road traffic accident, get in touch with our Pedestrian Accident Solicitors.

Our friendly and helpful team are specialists in dealing with complex cases like this one. We’re dedicated to getting people the compensation they deserve, based on the damage and results of the accident.

We’re also well-equipped to direct you to support groups and organisations which can help you cope with the emotional and mental trauma of being involved in a road traffic or pedestrian accident, as this can be a difficult thing to get to terms with. Whether it’s a specialised therapist, support group, or an organisation with leaflets and other resources for road traffic accident victims, we can put you in the right direction to make sure you’re being supported mentally as well as legally.

In addition, we are always there with you throughout the claims process, so that if you have any questions, you’re not left on your own or in the dark – we’ll always be here to make sure you understand what’s going on, so that the whole claims process is as accessible as possible.

References:

“Post-traumatic stress disorder following road traffic collisions: A systematic review." PubMed Central. (2016, May 26). PMC7074414: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7074414/  Retrieved December 11, 2023.

"What is PTSD? Causes of PTSD: Road Traffic Incidents." Post-Traumatic Stress Disorder UK (PTSDU). (2023, October 4). https://www.ptsduk.org/what-is-ptsd/causes-of-ptsd/road-traffic-incident/ Retrieved December 11, 2023.

“Reported road casualties - Great Britain: Pedestrian factsheet 2021." GOV.UK. (2021, December 3). https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-pedestrian-factsheet-2021/reported-road-casualties-great-britain-pedestrian-factsheet-2021 Retrieved December 11, 2023.

Susan Vanden

Partner, Road Traffic Accident Technical Manager

Areas of Expertise:
Road Traffic Accidents

Susan specialises in managing road traffic accident cases, and mainly represents pedestrians, cyclists, motorcyclists in multi-track cases, as well as clients who have developed chronic pain syndrome and sustained organic injuries.

She also supports junior members of staff across the department.

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