Road Traffic Accident Claim Case Study

Trainee engineer secures damages following a road traffic accident

Colin Cook helped a would-be engineer secure a high-value settlement following a road traffic accident.

The Claimant, a pedestrian at the time, was injured as a result of two vehicles colliding, which subsequently collided with him. He sustained psychological trauma and permanent physical injuries that limited his ability to stand, walk and run. A lover of football, he was prevented from participating in the sport at a recreational level.

The claimant had a pre-existing disability, which limited his employment options. Those options were further restricted by his injuries. At the time of his injuries, he was training to become an engineer in a field where success relied upon his physical condition. His training was cut short due to the injuries he sustained and a return to training looked doubtful.

The two drivers involved in the accident argued between themselves as to who was to blame and, while the Claimant was clearly not at fault, both drivers refused to release interim payments until liability was resolved.

Hatch Brenner pushed for a split trial to resolve the liability issue so interim payments could be released. This could be used to fund important rehabilitation in the form of cognitive behavioural therapy to address psychological trauma. Liability was conceded between the Defendants only a matter of weeks before trial.

The case was subsequently settled by negotiation on the basis of the Claimant’s further limited employment options.

Colin Cook commented: “The behaviour of the insurers, in this case, was frustrating given that my client could not be held to be in any way responsible. It might have been more sensible for one insurer to deal with my client’s case and then come to an arrangement with the other insurer later. Nevertheless, the extent of my client’s ongoing restriction only became fully apparent over time so ultimately my client benefited from the delay brought on by the insurers’ tactics.”

Marcus Grant of Temple Garden Chambers was the instructed Barrister for the Claimant on the case.

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