Passenger Injured in Road Traffic Accident Gets Compensation

Author:
Simon Stanfield
Partner, Head of Road Traffic Accidents
Date:
07/12/2021

We helped a car passenger get treatment for his physical and psychological injuries after the car he was travelling in was hit by a van.

James, a man in his 40s, was travelling as a passenger in a car when it was hit by a Ford Transit travelling in the opposite direction.

As the car was heading down the road, the van turned right into the path of the car, which had been proceeding correctly at the time.

James suffered multiple injuries in the crash, including fractures to his arm and wrist, a contusion of the ribs and a broken tooth. He was also left with cuts and bruising, and lasting psychological symptoms including depression and a phobia of travelling.

As a result of his injuries and subsequent surgery, James had to rely heavily on care and support from his family and friends, which was over and above what would normally be expected.

James believed the driver of the van was solely responsible for the accident and the impact it had on his life, so decided to take legal action.

He contacted our expert Road Traffic Accident Solicitors for a free claims assessment, and after speaking with him, I was confident he had a strong grounds to claim compensation.

How We Helped

I approached the van driver’s insurance company with details of our claim, arguing that the driver had been driving without due care and attention, and failed to observe James’s vehicle which was proceeding safely.

Thankfully, the insurance company formally admitted liability (fault) for the accident, which meant we wouldn’t have to go to Court to settle the claim. Instead, our energies could be put towards identifying the extent of James’s injuries, and any specific care, support and rehabilitation needs he may have.

I arranged several independent medical reports from orthopaedic surgeons and a psychiatrist, which detailed the nature and extent of the injuries sustained. This information helped us identify what specialist help James would need to recover and rebuild his life, and accurately work out how much compensation he should claim.

I also looked at how the accident affected James financially, so he could be compensated for losses including treatment costs, medication expenses, the cost of care and support, lost earnings and lost pension payments.

My valuation of his claim also reflected the fact that James was suffering with ongoing physical and psychological symptoms, which meant he’d be at a disadvantage when applying for jobs in the future.

What was the Outcome?

Following negotiations with the insurance company, a compensation settlement of £55,000 was agreed.

This means James can access the care, support and rehabilitation he needs, including dental treatment for his broken tooth and Cognitive Behavioural Therapy (CBT), which should help him overcome his phobia of travelling.

For free legal advice call our Road Traffic Accident Solicitors

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