Six-figure settlement for young family in difficult cross-border road accident claim
The collision occurred when a haulage driver lost control of his HGV, causing him to swerve into the oncoming lane and collide head on with the deceased and his friend. Sadly, both sustained unsurvivable injuries. The HGV driver, a Romanian national driving in the UK as part of his employment, was sentenced to two years imprisonment for causing death by dangerous driving. His sentence was later increased to four years on appeal by the Attorney General.
The driver's Romanian insurer based in Bucharest admitted liability at an early stage but insisted on managing the claim from Bucharest as opposed to instructing a UK Claims Handler under the European Green Card Scheme.
Notwithstanding early admission, and that an interim payment was made to Laura, the Romanian insurer ceased to engage in any further meaningful correspondence despite persistent attempts to make contact.
To overcome this potentially significant barrier to settlement, Mark and Henry joined forces with a leading QC to negotiate permission to serve proceedings on the Motor Insurers' Bureau, a UK entity within the jurisdiction. This enabled the MIB to handle the claim on the Romanian insurer's behalf.
The MIB's knowledge and access to the law and procedure governing the claim brought immediate benefit to Laura. Within two months of proceedings being served, a six-figure offer was accepted in settlement of the claim. The sum reflected the loss of income and services that the deceased would have provided as a husband to Laura and as a father to his two young children.
The compensation will help Laura and her children move from their current rental property and purchase a new home in her preferred area.
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For further information about road traffic accident claims and fatal injury claims, please call Mark Bowman on 0330 460 6794 or email mark.bowman@fieldfisher.com.
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