Lee Hart settles MIB claim for £2million
Lee Hart, head of the serious injury team at Clarke Willmott, recently concluded a claim for compensation for a client who suffered a brain injury in a road traffic accident for just under £2million.
Lee’s client was knocked from his bike by a vehicle as he cycled home at night after visiting friends. Shamefully, the driver of the car didn’t stop to help and fled the scene.
Despite wearing a safety helmet, the client suffered a head injury. Fortunately, a passer-by stopped and called for an ambulance. On arrival at hospital, he was deeply unconscious because of an obstructed airway causing partial asphyxia. CT scans were reported to show a small traumatic subarachnoid haemorrhage, but there were no other significant injuries.
As a result of the brain injury, the client required emergency intubation and assisted ventilation on the Intensive Care Unit. Following the withdrawal of sedation, he made a rapid cognitive recovery but had some double vision and some relatively minor physical symptoms one would expect after a fall from a bike.
Usually, a claim for injury and loss would be made against the driver responsible for causing the collision, but in this case, there were no witnesses to the incident and the Police were unable to trace the driver. The claim was therefore made to the Motor Insurers’ Bureau (‘the MIB’).
What is the MIB?
The MIB is not an insurer (though it is funded by motor insurers) but offers a fund of last resort in meeting claims for compensation in accordance with The Uninsured Drivers’ Agreements and The Untraced Drivers’ Agreements. These agreements were implemented by the Government to comply with European law to allow road traffic accident victims to claim compensation where the driver responsible for causing the accident is either uninsured or cannot be traced.
The claim
The client, who had suffered a moderate to severe traumatic brain injury (‘TBI’), made a good physical and cognitive recovery following his discharge home from hospital. He received treatment for dental injuries and the physical symptoms affecting his neck and shoulder. He experienced intermittent double vision and neuropsychological problems.
Although the client had no significant cognitive impairment, he suffered from debilitating fatigue, recognised as a common complaint after even mild TBI when it is usually short lived and resolves within 3-6 months. However, fatigue may persist in survivors of severe TBI; it can be present all the time or brought on by mental or physical exertion.
The client attempted a phased return to his pre-accident employment as a Manager in an engineering company, however he was unable to cope with the demands of the work and was retired on grounds of ill-health, depriving him of the opportunity of anticipated promotions, salary increases and bonuses.
Lee Hart gathered expert medical evidence of the client’s injuries and witness evidence of employment prospects and earnings. A detailed claim was advanced to the MIB for compensation for injury plus past and future losses, including:
- Earnings
- Pension
- Medical treatment
- Care and assistance
- Travel
- Occupational therapy
- Aids and equipment
The claim totalled just over £2million. Following negotiations, the client accepted an offer of just under that sum. As well as the compensation, the MIB paid the client’s legal costs of pursuing the claim (funded under a ‘no win, no fee’ agreement).
Comment
The client and Lee were delighted with the settlement. Lee, an APIL accredited Senior Litigator and Brain Injury Specialist, said:
“Without the Untraced Drivers’ Agreement, my client would have had no opportunity to secure his and his family’s financial future. By making a claim to the MIB under the Agreement, he was able to receive the income he would have earned had he not been injured and secure funds for the treatment and support he now needs.
Many people are unaware of the existence and role of the MIB, so innocent victims of road traffic accidents caused by uninsured or untraced drivers may suffer in silence not realising there is an avenue of compensation for their losses available to them.”
The client is very pleased not only with the settlement but also with the service he received from Lee, saying:
“He has been so professional and thorough in dealing with my claim and yet very personable and friendly, always open and willing to listen and talk things over in a calm and constructive manner. I feel very lucky to have found Lee to help me through this.”
If you, a friend or family member have suffered serious injury and are contemplating a claim for compensation, you can request a consultation with one of our expert team members.
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