More than 12 TIMES initial compensation for lorry driver injured in head-on crash

Andrew was driving an HGV lorry along the A89 when a car crossed into his lane at the Broxburn Viaduct.

It all happened so quickly that he had no time to react, meaning he crashed head-on with the Vauxhall Viva.

The impact had sheared the lorry’s steering arm - a critical safety failure which meant an immediate loss of steering control. By the time Andrew brought the lorry to a stop on a grass verge, he had travelled around 25 metres up the road.

Recalling the collision, the family man from West Lothian said: “It was a hefty impact. I sat there once I stopped and just couldn’t believe what had happened.

“I could see the wreckage of the car in my mirror and I wondered if the driver was alive. I was really shaken up, it was pretty horrific to see.”

Emergency services were called to the scene where the fire brigade had to cut the other driver out of the car.

Andrew spoke with police who assessed the scene and were satisfied that the car had crossed into his lane. He was examined by paramedics, feeling shaken but physically fine, and later phoned his boss who brought him back to work.

It wasn’t until Andrew returned home later that day that he felt the physical effects of the crash settle in.

The 36-year-old said: “I sat down and that’s when I felt it. My left knee was sore and looked bruised and I had pain in my left arm, neck and shoulders.

“I called NHS 24 who advised me to take paracetamol but I ended up having to go to the GP about a week later because I was getting spasms in my lower back and the pain in my elbow and shoulder just wasn’t shifting.”

Andrew was referred to St Johns’s Hospital where he was x-rayed and discharged with advice to seek physiotherapy treatment.

But though a few sessions did help, as did further chiropractic treatment he received, Andrew’s pain persisted.

He was also struggling psychologically after the accident, experiencing problems with sleeping and flashbacks. This wasn’t helped by the fact he had to drive along that very same road multiple times while on shift – passing the tyre marks which were still visible on the grass verge. 

Eight months after the accident, Andrew decided to contact Digby Brown for support with a road traffic accident claim.

Gail McGinn from our Edinburgh office started investigating the case immediately, gathering police reports and images of the damaged vehicles to build a full picture of what happened.

However, while Gail was gathering medical records the insurers for the other side made a pre-medical offer of £2,300.

At Digby Brown, we consider pre-medical offers to be no more than a cynical attempt by insurance companies to try and settle a personal injury claim for less than it is worth.

Why is it cynical? Medical reports are vital pieces of evidence to establish the true nature and extent of the injuries someone has suffered and the likely recovery time.

So without this evidence, it's impossible to fully understand the impact of the injury on an individual's life, both physically and emotionally.

Accepting a pre-medical offer can mean risking a significant underestimation of the compensation you deserve and may leave you with insufficient funds to cover ongoing medical treatment, lost wages, and other unforeseen costs that could arise from your injury.

In Andrew’s case, the offer of £2,300 didn’t take into account the pain he was continuing to experience in his elbow and shoulder - pain which was later found to be permanent by independent medical experts Gail instructed. The offer also didn’t take into consideration the money Andrew had already spent on treatment for his ailments.

Andrew rejected the pre-medical offer and, after Gail fully valued the case with the right evidence, an offer of £29,101 was received – more than 12 times the initial compensation offer – which was happily accepted.

He said: “The first few weeks after the accident I was more interested in finding out if the other driver was going to be okay. But as time went on, and my pain wasn't going anywhere, people were saying I should make a claim.

“I didn't know if I was too late because I called eight months after the fact, but Gail was really clear about how it all worked and reassured me I had a case.

“When it came to the first offer if I had been dealing with the insurer on my own I think I probably would have accepted it. But my injury hasn't resolved - I'll have it for life. Gail helped me see the bigger picture.

“I would definitely recommend people to speak to Digby Brown - they’ll guide you through everything and do what’s right for you.”