Case study: £36k settlement for front-seat passenger injured in car accident

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Our personal injury solicitors helped a young man who was an injured passenger in a serious car accident.

Our client, Mr E, was being driven to a Halloween party by a friend and was sitting in the front seat. The driver tried to overtake the vehicle in front by driving on the opposite side of the road, and collided head-on with a car coming in the opposite direction.

Mr E had to be cut free from the vehicle by the fire service and was airlifted to hospital where he remained as an in-patient for almost two weeks.

Uninsured driver

Our client found out after the accident that the driver was uninsured. It was later discovered that he was prosecuted for driving without a licence, without insurance, and under the influence.

As the Defendant was uninsured, our personal injury solicitors submitted the claim to the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement. They accepted liability and confirmed that they would award compensation under the scheme.

Claim for injuries and financial loss

Mr E sustained a broken femur, two breaks to his dominant forearm (both injuries requiring metalwork) as well as a lung contusion, a liver laceration, a kidney laceration and general soft tissue injuries. He was also psychologically affected by the accident.

Upon discharge, Mr E moved in with his mother who was able to assist him with his personal care and daily living.

Our personal injury lawyers obtained medical reports from a Consultant Orthopaedic Surgeon, General Surgeon, and Psychologist who assessed our client and commented on his injuries. Although Mr E had made a reasonable recovery from most of his physical injuries at the time of the reports, the experts recommendations that he seek physiotherapy and CBT.

Due to an existing relationship with a physiotherapy provider, we instructed this treatment for Mr E and were able to include the cost of such within the claim.

Our solicitors then obtained details of our client’s financial losses. Mr E informed us that at the time of the accident, he was due to start an apprenticeship in scaffolding. We therefore calculated his estimated loss of earnings to include within his claim.

Secondary victim claim

We spoke to Mr E’s mother to obtain a detailed witness statement from her in relation to the care she provided to support the claim. It was also established that she may have a secondary victim claim as she was called to the scene and witnessed the immediate aftermath of the accident, including when her son was cut out of the vehicle.

Settlement and setup of a Personal Injury Trust

The limitation period had almost expired, so our solicitors issued Court Proceedings to protect his position. As medical evidence was finalised, copies of the medical reports and financial losses were sent to the MIB’s solicitors and an offer of settlement was received in the sum of £36,000.

Our personal injury solicitors discussed the offer with Mr E, and explained that we felt it had been slightly undervalued, however, he wanted to accept the offer to bring the claim to a conclusion.

We were also able to instruct for a Personal Injury Trust to be set up to protect his compensation.

Get in touch with our road traffic accident solicitors

If you or a loved one have been injured in a car accident that wasn’t your fault, you may be eligible to claim compensation.

Our personal injury solicitors work with clients across the UK from our offices in Bristol and South Gloucestershire. As well as providing straightforward advice for those injured in road traffic accidents, we help victims to access support and rehabilitation, and can advise you on setting up Personal Injury Trust Funds.

For a no-obligation initial meeting, call us on 0117 325 2929 or fill out our online enquiry form.

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