Motorcyclist's family receives over £400,000 after fatal accident
A 44 year old motorcyclist was fatally injured when a third party driver pulled out from minor junction into his path. The deceased and his partner had recently relocated to Northern Scotland and had acquired a B&B and holiday cottage business, planning to fund renovation costs from the deceased's income as an IT consultant whilst his partner worked full time in the business.
Following this tragic death, the Third Party insurers maintained, in the absence of any financial accounts showing a profitable trading business, and on the basis that the deceased's past UK earned income level was inconsistent, they would only pay a token award for the widowed partner's claim for loss of support.
Digby Brown raised proceedings at the Court of Session in Edinburgh for the surviving partner and extended family members. We secured an early interim payment for the partner (who had no income at all following deceased's death) and then secured a detailed report from Forensic Accountants showing the viability of the business longer term, had the deceased remained alive.
The case settled at a pre-trial meeting of the parties for a total of £425,000 plus costs, inclusive of the interim payment made.