Helping a client recover after road traffic accident in Ayrshire
Our client was a passenger in a vehicle being driven by her husband. It was late December and the Ayrshire roads were icy. Her husband was driving too fast for the road conditions and unfortunately the vehicle hit a patch of black ice and her husband was unable to keep the car under control. The car slid off the main road and careered down a steep verge and ended up coming to rest upside down in a tree.
Injuries from accident
Our client suffered severe seatbelt injuries to her abdomen as well as injuries to her shoulders. Thankfully however she was able to get out of the vehicle.
She also suffered from a fear of travelling in a vehicle being driver by her husband ever since the car accident and sadly their relationship began to break down as a result.
Some ten years or so prior to this accident she had undergone groundbreaking gastric band surgery to manage her weight problems. After the injuries to her abdomen from the car accident she became aware of a strange sensation in her stomach which she put down to being a problem with her gastric band. She had not linked the accident to her gastric band difficulties and required to undergo multiple operations for the removal of her damaged gastric band over the years following her accident.
Personal injury claim against husband and his insurers
She did not know that she was able to make a car accident claim for compensation against her husband. It is was whilst Digby Brown's solicitors were working on a separate case with her that they advised her of the fact that she most certainly could raise a claim for personal injury against her husband and his insurers.
Expert reports to investigate claim
Our personal injury solicitors recovered her medical records and arranged medical examinations by experts in the field of orthopaedic surgery; psychiatry and also an expert in the field of gastric bands. The experts prepared detailed reports and were able to link the problems with our client’s gastric band directly to the trauma suffered in the road traffic accident.
During initial correspondence with her husband’s insurers our solicitors received an admission of liability and released the medical reports to her husband’s insurers. Disappointingly, they failed to even bother to make an offer of compensation.
Our solicitors advised our client that the best course of action for her was to raise a court action in order to progress matters.
Court action against insurers to secure compensation
Our personal injury solicitors raised a court action in the Court of Session and within three weeks of having done so the defender’s solicitors made a formal offer of £2,000. Our solicitors advised that she reject this due to it being far too low.
Final compensation more than 6 times the original offer
Our solicitors continued to exert pressure upon the defender’s solicitors by using the court process and 3 months after raising the court action received another further formal offer. This time the insurers offered £13,000 - more than six times the original offer that had been made.
She was delighted with the increased offer and instructed us to accept it on her behalf.
Due to the complex nature of her injuries her case took 13 months to resolve; however she feels that the process has allowed her to now put the whole accident behind her and move forward with her life. She reported back to us that the updates we provided her with made her feel that she understood the process from start to finish.
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