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Case Study

Successful claim for compensation under the Untraced Driver’s Scheme

The claimants details have been changed but this is indeed a true case

Phil Mulryne, a Personal Injury Lawyer, acted for Mrs P in pursuing a claim for her personal injuries following a road traffic accident which occurred in September 2012 .

Mrs P was walking with her husband and friends and waiting to cross a road from a footpath. A motor car travelling in the opposite direction drove through a T junction at speed and without stopping and in doing so lost control of his vehicle and careered towards Mrs P.

Mrs P believed that the car was going to mount the pavement and to avoid being hit in panic jumped out of the way, falling and landing on her right side, in particular her right upper arm/shoulder.

Mrs P, her husband and her friends managed to avoid being hit by the vehicle which then drove off from the scene without stopping.

Mrs P was shocked and shaken up by what had happened. She had shoulder pain and she started getting pain in her right hand. A taxi was called and she was taken to the local A & E Department.

Mrs P was told that she had fractured her right upper arm. She attended hospital for follow up assessments. It was not felt that surgery was required and Mrs P had her arm in a sling for about 3 months. She then underwent physiotherapy, which assisted.

Whilst personal injury symptoms improved Mrs P was advised that she would continue to have some ongoing pain and reduced function permanently. She was extremely restricted in terms of what she could do following the accident.

Mrs P required a significant amount of help with general housework, cooking and cleaning for a period of around 6 months.

Despite her recovery the medical evidence accepted that she would require ongoing help with the heavier aspects of housework in the future.

As a result of Mrs P’s injuries she had to cancel a foreign holiday as she was declared too unfit to travel by her treating consultant.

As the responsible motorist’s identity was not established the claim was pursued through the Motor Insurer’s Bureau under the RTA Untraced Driver’s Scheme.

Following initial investigations the Motor Insurer’s Bureau accepted the claim and put forward an offer of £6,000 for personal injury damages. This offer was rejected and counter proposals were put forward, resulting in a settlement in the sum of £10,500 for the personal injury claim.

An offer for care/domestic assistance was put forward by the MIB in the sum of £5,300. This offer was rejected and counter proposals put forward whereby the care claim was agreed in the sum of £10,500.

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