Our client Patricia was involved in a road traffic accident during the early hours of the morning on 26 August 2008. Patricia was driving her husband’s left hand drive Mercedes Benz Smart Car and was following her usual route home.
Patricia can only remember the journey home up until a few moments before the accident, her last memory was turning around a mini roundabout and going up the hill toward her home. Her next memory is of waking in hospital with a collar around her neck and realising that her face was sore. After that, Patricia’s next recollection is of being on the hospital ward.
Whilst Patricia has no direct recollection of the accident, she has been provided with details of the accident circumstances by her husband, based upon information provided by North Wales Police. It is understood that the accident occurred when she was correctly proceeding home in the right lane. An oncoming vehicle was on the wrong side of the road, approaching Patricia’s car which resulted in a collision to the front offside corner of the car. Indeed, North Wales Police informed Patricia that if she had been driving a right hand drive car, she may well have been killed in the accident.
Patricia was subsequently advised by North Wales Police that the driver and passengers from the Defendant’s vehicle absconded but were later apprehended.
Following the accident, Patricia was taken by ambulance to Wrexham Maelor Hospital. She understands that she may have been unconscious for over an hour, although she has a brief recollection of seeing her daughter at some stage.
As a result of the accident Patricia sustained a number of injuries including: a fractured left forearm and wrist; brain bleeds; poor concentration and dizziness; neck, back and shoulder injuries; bruising to chest and abdomen; grazes to face, nose, chin, knees and ankles.
Upon returning home Patricia needed considerable assistance from her husband with personal care and daily household chores.
Patricia received the benefit of rehabilitation under the Rehabilitation Code on a joint basis funded by the Motor Insurers Bureau. This however ceased when the case manager assisted in the termination of her employment following which she did not require the assistance of the case manager.
Following the accident, Patricia was unable to return to work. She described her work as involving heavy lifting work and due to her ongoing left forearm/wrist injuries she felt unable to attend work. In February 2010, confirmation was received that Patricia’s Contract of Employment had been terminated at her own request as a lighter duty role was not available.
A Trust Deed was executed for Patricia to protect her entitlement to benefit from an interim payment of £5000 which was provided by the Motor Insurer’s Bureau. The Trust currently remains in place.
The Second Defendant, Motor Insurer's Bureau, confirmed that liability is not in dispute under the Uninsured Driver’s Agreement.
After securing expert evidence and preparing a schedule of loss, our expert lawyers at Irwin Mitchell Solicitors settled the case for £32,000.
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