Helping a client recover after road traffic accident in Ayrshire

Cars on icy road

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.

What our clients say about us

We put our clients at the centre of everything we do and are committed to providing the very best service. The hundreds of five star reviews we have received on Trustpilot is a reflection of this approach.

  • 5 stars
    It has been a long 4 year process but amy Gannon a...
    Steven Follan -
  • 5 stars
    My case was a long drawn out case but Digby Brown ...
    Karen Collier -
  • 5 stars
    Absolute professional service from start to finish...
    Mr weston -
  • 5 stars
    I had to be encouraged to put in a claim. I was i...
    Lorraine Mcalpine -
  • 5 stars
    I would like to begin by saying a massive thank yo...
    Kieran Murdoch -
  • 5 stars
    I just can't thank Digby brown enough thier solici...
    mark thompson -
  • 5 stars
    Chris Ritchie provided an excellent service re my ...
  • 5 stars
    Thanks to Tanya Kaur for dealing with my personal ...
    brenda -
  • 5 stars
    Great service from Tanya Kaur at Digby Brown who h...
    Mr Smyth -
  • 5 stars
    I was in a car accident I contacted Digby brown Ma...
    Marie Milton -
  • 5 stars
    When I had my car accident I did not who to turn t...
    Sarah Davie -
  • 5 stars
    When starting with digby brown, it was easy and ac...
    Colette Hunter -
Woman getting legal advice from solicitor

Thinking of making a claim?

Digby Brown's highly trained and experienced team will give you all the support you need.

Piggby bank with money going into it

How your case is funded

Don't be worried about the cost of legal advice. We will fully explain how your claim will be funded.

Hands in the air to ask a questions

Frequently asked questions

Digby Brown are here to help. Here are some answers to some of your frequently asked questions.


0333 200 5926

Monday to Friday: 8am - 7pm 

Saturday and Sunday: 12pm - 4pm

(Please note, local rate, even from mobile)

Email enquiry form

Complete our enquiry form and we will strive to reply within 24 hours

Follow us