Substantial win for biker after accident with an uninsured driver

At approximately 8.30pm on 26th May 2018 our 39-year-old client was riding his Zontes Tiger ZT 125 along Lower Road in Tonge, Kent.

As he approached a bend in the road, an uninsured driver, who was driving a VW Golf in the opposite direction, crossed onto his side of the road and caused a head on collision.

Our client sustained several injuries in the accident.  These included a mild traumatic brain injury along with post-traumatic headaches; an injury to his pelvis; fractures to his leg, foot and toes; lacerations to his hand; and partial loss of hearing and tinnitus.  His mental health also suffered with post-traumatic stress disorder, and bouts of anxiety and depression.

This meant he needed extensive medical treatment and multiple surgeries extending over several years.

Unfortunately, our client was unable to return to his employment as a welder and can no longer perform any jobs which are strenuous or require him to stand, walk, climb, or crouch. He can only perform sedentary work in the future and is classified as disabled.

During the time after the accident, he has needed extensive gratuitous care from family members and will need ongoing care and assistance in the future.

On taking on the case our specialist team submitted a claim to the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement as the third-party driver was uninsured.

Meanwhile our focus was very much on ensuring our client received the care and support he needed to recover from his injuries. We arranged for our client to be referred to an independent rehabilitation case manager under the Rehabilitation Code to coordinate his treatment and obtain private physiotherapy, psychological therapy and private medical consultations where necessary.  This also enabled funding for functional evaluation reports to identify his employment capabilities and then funding for vocational assistance to help him return to employment in the future.

During the claim process we managed to obtain interim payments totalling £115,000 to assist our client’s finances during his recovery.

Liability for the accident was initially disputed as the third party alleged our client had actually crossed onto his side of the road, but eventually, four years later, a settlement was agreed on the basis of a 75/25 split in our client’s favour.

The settlement takes account of our client’s disabled status and the consequent loss of earnings, and loss of pension he will incur throughout his remaining working life.  It means his future care needs will be funded and means he can make adaptations and buy equipment for his home to assist with the management of his injuries and cover the cost of replacing these items during his lifetime.  The settlement also provides for private funding of likely future medical treatment including a total knee replacement, orthotics, erectile dysfunction treatment, occupational therapy, physiotherapy and a personal trainer, gym membership and tinnitus treatment. He will also be able to cover the cost of DIY and gardening expenses which he would have otherwise undertaken himself.

Finally we also helped our client to set up a Personal Injury Trust to protect his entitlement to benefits post settlement.

Associate Solicitor John Gibney, who specialises in personal injury litigation following road traffic accidents, commented: “We are pleased to have helped our client achieve a substantial settlement despite liability being an issue throughout much of the claim process. With our assistance he has been able to obtain much needed rehabilitation and assistance despite personal difficulties including a period of homelessness. We were delighted to hear how grateful our client was for our support throughout the long claim process.”