Woman receives five-figure sum after faulty brake fitting led to terrifying crash

“You need your brakes to work, it’s a life or death situation.”

Melissa was driving to Glasgow to meet a friend and had just exited a national speed limit road coming into Crianlarich when her brakes failed as she approached a roundabout.

The then 35-year-old was forced to swerve her car onto a nearby grass verge so it would come to a complete stop

She said: “The brake pedal just dropped straight down to the floor – there was no resistance. I was absolutely terrified.

“The man who arrived in the recovery vehicle told me there was a bolt that hadn’t been screwed in tight enough and it must have come loose when I was driving at 70 miles per hour.

“He said I was lucky to be alive.”

The self-employed hairdresser from the Highlands had taken her car to Arnold Clark in Stirling prior to the accident for a service and MOT where mechanics had noted she needed four new brake pads.

These were fitted three weeks later and Melissa travelled home, not driving again until her trip to Glasgow that weekend.

She recalled: “When I spoke to Arnold Clark after the accident they were making out as if this wasn’t a big deal. 

“But it’s one of the most important things in your car, you need to be able to stop!”

Melissa, who has suffered from chronic myeloid leukaemia for seven years, was assessed by medics at Forth Valley Minor Injuries Unit and diagnosed with soft tissue injuries to her neck and shoulder and muscle strain.

But the biggest impact she felt was psychological.

She said: “My car is my little escape. I like to put on music or an audiobook and just drive.

“After the accident I kept having ‘what if’ dreams. What if I ended up badly injured in hospital? What if there was a car in front of me and I drove into the back of them?

“I was definitely anxious about getting back in the car again and felt I’d lost all my confidence with driving. I only did it if I absolutely had to.”

Melissa contacted Digby Brown for legal support after seeing our posts on social media and Balal Pervaiz, Senior Solicitor in our Glasgow office, took on the case.

He investigated the circumstances of the incident by gathering the RAC breakdown report and Arnold Clark’s maintenance records for the vehicle – vital evidence in building a product liability case.

Balal also gathered medical records and instructed experts to fully assess the extent and future impact of Melissa's injuries, both physical and psychological, to work out a fair value of compensation.

After meeting with a psychological expert it was thought Melissa could benefit from CBT sessions to help her adjust to life after the accident. Balal ensured these were included in Melissa’s claim for compensation which settled for a five-figure sum.

Melissa said: “Balal was very friendly and patient and kept me up to date with everything.  I just felt he understood me and what I was going through.

“Everybody that I’ve dealt with has actually been so nice and so kind. The empathy that I got was like a big sigh of relief.

“If you feel that you’ve got a case, pick up the phone and give Digby Brown a call because you’ve got nothing to lose.

Balal added: “When we get work done by professionals we expect a certain standard, and failing to fit brakes correctly is a deplorable breach of trust.

“I am delighted we could obtain such a good result for Melissa. It was clear that this accident had a profound effect on her and I was glad to have been able to assist her in obtaining justice.

“I wish Melissa all the best and applaud her resilience.”