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Case Study

Compensation for injuries caused by a stolen vehicle

The claimant’s details have been changed but this is indeed a true case

Phil Mulryne acted for Mr C, the Claimant, to pursue a claim for personal injuries and losses following a road traffic accident.

Mr C was a pedestrian and was waiting to cross the road when his right foot was run over by a stolen vehicle that had mounted the pavement. The driver did not stop but consequently crashed his car and was apprehended by the police. He was convicted of having no insurance and driving above the drink driving limit.

Liability for the accident was admitted and Mr C’s claim was dealt with by the insurers of the owner of the vehicle under their insurance obligations, regardless of the fact that their insured was not driving at the time.

Medical evidence was obtained to support Mr C’s claim and he had made a good recovery from a fracture sustained to his foot.

The claim included a claim for loss of earnings as Mr C was unable to work initially for a period of four months but then lost his job as a result of the accident so had a further period of not working until he found alternative employment.

Mr C could not drive for a period following the accident and had to rely on lifts from his son.

Shortly after the accident Mr C was due to move house and he intended to undertake all of the removals himself but he had to rely on assistance from friends and family members due to his incapacity.

The claim was put to the insurance company who subsequently put forward an offer of £8,500. This was rejected and following further negotiations settlement was agreed in the sum of £9,500.

Whilst the settlement was reached on a global basis with no apportionment between heads of claim, Mr C’s personal injury damages claim was worth somewhere in the region of £5,500 so an additional £4,000 was paid to cover loss of earnings, travel expenses and assistance provided by friends and family.

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