Settlement secured for pedestrian knocked down by e-scooter rider

In December 2020, our 66-year-old retired client was significantly injured whilst out collecting a prescription. She was crossing a road on her way home when she was knocked down by an e-scooter.

After reporting the incident to the police, our client was told that the law surrounding e-scooters was unclear. She was told that the e-scooter had been stolen and as the rider responsible for the collision had absconded the scene, there was unlikely to be a satisfactory resolution to her case.

Our client sustained substantial injuries in the accident, including a nasty fracture of her humerus requiring multiple surgeries. In addition, she lost a tooth and suffered psychological trauma.

Our client required extensive treatment extending over several months, including shoulder replacement surgery, stints in intensive care and prosthesis revision surgery.

Despite treatment, she continued to suffer pain and weakness in her injured arm and shoulder which impacted her day-to-day living.

She required gratuitous care from friends after the accident and is likely to need ongoing care and assistance in the future.

Upon taking on the case, our specialist team submitted a claim to the Motor Insurers’ Bureau (MIB). After their investigations, the MIB agreed to deal with the case under the Untraced Drivers Agreement given that the driver was never identified. Liability was conceded in full, and the case settled having regard to the expert evidence obtained.

We were able to obtain a five-figure settlement for our client using our expertise during the settlement negotiation period. The final figure agreed was almost a 40% increase from the first offer made by the MIB. Needless to say, our client was thrilled with the outcome!

We also helped our client to set up a personal injury trust to protect her compensation funds post settlement.

Chartered Legal Executive, Shauni Pollard, who specialises in personal injury litigation following road traffic accidents, commented: “I am so pleased to have helped this client who had given up hope after sustaining such a significant injury through no fault of her own. My client was ecstatic with the settlement, and I am so pleased to have helped someone so deserving who can now put this behind her and enjoy her retirement.’