Penningtons Manches’ personal injury team has recently settled a claim on behalf of a passenger injured in a road traffic accident.
The woman was returning home from a night out with friends in the early hours of the morning; a mutual friend had agreed to collect the group from town. She was sitting in the rear passenger seat when the driver lost control of the vehicle. As a result, the vehicle overturned, causing injury to the occupants. Investigations into liability revealed that there were no other vehicles involved in the collision and that the driver had recently purchased the car without obtaining valid insurance cover.
A claim was submitted to the Motor Insurers’ Bureau (MIB) under the terms of the Uninsured Drivers’ Agreement. The MIB was established in 1946 as a central fund to provide a means of compensating the victims of road accidents by negligent uninsured and untraced drivers. After a lengthy period of investigation, the MIB agreed that it would be prepared to deal with the woman’s claim.
Penningtons Manches subsequently obtained expert evidence which confirmed that as a result of the collision its client had sustained a spinal fracture of the T12 and L1, two fractured ribs and bruising to her lungs. Fortunately she did not suffer any long-lasting disability and is expected to make a full recovery. After negotiations with the MIB, a settlement was reached.
Charlene McAuliffe, case manager in the personal injury team, commented: “We are pleased to have obtained a successful outcome for our client, despite the driver’s action. The figures relating to motorists, passengers, cyclists and pedestrians who have been injured in accidents involving uninsured or untraced drivers are a cause for concern. All road users should be adequately insured before taking to the roads. Failing to do so can have significant consequences for the injured party and the uninsured driver, who should really ask whether it is worth the risk.
“If you’ve been involved in an accident with an uninsured driver, it is important that you seek specialist legal advice as soon as you can.”