£245,000 settlement for hit and run victim

Posted 18/04/2016 By: Nick Peake

Nick Peake, a personal injury specialist at Ashtons, has obtained just over £245,000 for Mr W, who suffered a whiplash injury as the result of a ‘hit and run’ incident. In addition to neck pain, Mr W suffered pain in his right upper arm and he struggled with this, needing to take sporadic days off work with variable pain levels. Treatment, including injections, failed to provide any lasting benefit. 

Because the incident in which he was injured was a ‘hit and run’, Mr W’s injury claim had to be brought through the Motor Insurers Bureau (MIB) Untraced Drivers Agreement scheme. The MIB’s medical expert agreed that Mr W’s symptoms were permanent but thought that only 60% of the pain could be attributed to this particular road incident as opposed to previous and subsequent events.

During the time he was making the claim, Mr W was made redundant by his employer. He was suffering a psychiatric injury in terms of a major depressive disorder as a result of becoming less and less mobile following the accident and this affected his ability to return to work. The claim took into account the fact that Mr W’s earning capacity would in future be lower as he was now disabled.

The MIB started with low offers, eventually offering £115,000. This was appealed by Ashtons on behalf of Mr W and the QC assessing the case awarded just over £245,000.

Nick Peake comments: “This case shows the importance of taking good legal advice where a claim is made against the MIB and ensuring that the appropriate levels of compensation are obtained for the injuries suffered and the long term effects on someone’s life. The MIB’s first offer here was very low and if Mr W had tried to make the claim himself instead of instructing us he would have been seriously out of pocket as a result.”