Settlement against MIB for man left lying in the road
Claire Glasgow settled a claim for a young man injured in a hit and run collision at an agreed value against the Motor Insurers' Bureau (MIB) under its Untraced Drivers' Agreement 2003.
Adam* was walking along the road close to his home when he was hit by a car. He was left lying in the road and the driver was never traced. Since the driver and the insurer could not be identified, a claim for damages was brought against the MIB. Adam sustained a severe traumatic brain injury, partial loss of vision and several serious orthopaedic injuries. His brain injury led to significant cognitive impairments and neuro-behavioural changes that will be lifelong. These difficulties have impacted both Adam's ability to pursue the career he loved and his relationships with friends and family.
Gaining interim payments of damages from the MIB was not easy, despite the severity of Adam's injuries. After a difficult period of minimal rehabilitation provided by the MIB, Claire was able to obtain enough interim damages to pay for a private rehabilitation programme managed by an independent case manager. This meant that Adam could access a package of private therapy and treatment, including neuropsychology, neuropsychiatry and occupational therapy. Interim damages also allowed Adam to pay for a support worker and a Court of Protection Deputy to help him manage his property and financial affairs. His injuries greatly restricted his capacity for work and interim damages also helped make up for the loss of earnings as the claim progressed.
Following negotiation, Claire agreed to settle the claim on Adam's behalf. The value recognised that Adam will require therapy, support and a Deputy in the long term, and that he will never be able to work at the same level as previously.
Due to the lack of witnesses to the collision, Adam had to accept some fault but even after a reduction for contributory negligence, he will receive a life-changing sum and will finally be able buy his own house so that he can move out of the family home and live more independently, with the help of paid-for support.
Adam's mother said:
'I would like to pass on my sincere thanks to Claire Glasgow and everyone in the team that have supported myself and my son through what has been the worst 8 and a half years of our lives. Claire has fought so hard with a very difficult insurer… She was totally professional with her dealings with them. Every single call/enquiry I made to Claire and her team was answered straight away. When we finally started to get interim payments the Fieldfisher team ensured from then on that Adam had the best possible multi-disciplinary team in place. It’s difficult to express my sincere thanks without rambling on but from the bottom of my heart I really do thank Claire and all the Fieldfisher team and wish them all the very best. I would never hesitate to recommend Fieldfisher if, unfortunately, I ever hear of anyone who needs their help as I definitely think they are the best personal injury firm in the UK.'
* name changed
Contact us
For further information about road traffic accident claims and personal injury claims, please call Claire Glasgow on 0330 460 6747 or email claire.glasgow@fieldfisher.com.
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