Most of us wouldn’t dream of causing a road accident and leaving the scene. Then again, a majority of us wouldn’t consider driving whilst uninsured. Despite that, an estimated 300,000 uninsured vehicles are being driven on the roads of the UK every day.
There are numerous reasons why people flee the scene of an accident. Many of those involved are uninsured and drive away because they don’t want to face the consequences of having no motor insurance. Others may have been driving under the influence of drugs or alcohol and don’t want to get caught by the police.
Whatever their reason for not stopping, according to the Motor Insurers Bureau (MIB), someone becomes the victim of an uninsured or’ hit-and-run driver’ every 20 minutes.
When road traffic accidents are caused by hit and run drivers, innocent victims of their negligence face not only dealing with the pain and loss associated with the injury they suffered. They also face the prospect of trying to recover compensation from someone who fled the scene and whose identity is unknown!
Thankfully, ‘The Untraced Drivers Agreement’ ensures that injured victims of accidents caused by hit-and-run drivers don’t go uncompensated.
It is also fortunate that experienced personal injury solicitors like Mooneerams Rosie Lyne are experts in handling ‘hit-and-run’ claims!
This case study examines how Rosie successfully secured compensation for an elderly client who suffered multiple serious injuries in a bus accident caused by the negligent driving of an untraced driver.
The Accident
The accident occurred in Cardiff on November 27, 2020. Rosie’s client, C, an 81-year-old gentleman, was a passenger on a bus when, without any warning, the bus driver braked heavily to avoid colliding with another vehicle that had pulled out into the bus’s path.
C was in the process of leaving his seat to get off the bus at the next stop when the bus driver was obliged to make his emergency stop. As a result of the bus coming to a sudden halt, C was thrown violently onto the floor of the bus.
After the accident, an ambulance took C to the University Hospital of Wales in Cardiff to get treated for multiple injuries.
C’s Injuries
C’s most serious injury was an intertrochanteric fracture of the left hip. He also suffered soft tissue injuries to his neck, lower back, left buttock, and right wrist. In addition, he developed psychological injuries.
The Extent of C’s Injuries
C had to undergo two operations because of the left hip fracture. The first operation, fixing the fracture with a metal plate, was carried out the day after the accident.
After recovering from the operation, C commenced physiotherapy. However, he remained symptomatic. The medical experts decided C needed a hip replacement, so he underwent a further operation to facilitate this. The Claimant will now require permanent care and assistance from his family for the rest of his life.
Compensation for untraced drivers
C and his family asked Mooneerams to act on their behalf to see if it was possible to pursue a claim even though the vehicle that caused the accident did not stop and could not subsequently be identified. Rosie Lyne handled C’s untraced driver claim from start to finish.
Once it became clear that the driver was unidentified, Rosie recognised the case would need to proceed through the MIB’s Untraced Driver Scheme, which helps people injured in accidents caused by an untraced driver. The compensation recovered at the end of an untraced driver claim comes from a levy to which all UK insurance companies contribute.
Prognosis: the likely outcome for C’s injuries
Medical experts provided reports on the injuries suffered by C.
- The likely outcome for C is that despite undergoing two hip operations, including a hip replacement, his symptoms continue and will do so indefinitely.
- 1% risk of dislocating the left hip and loosening of the prosthesis, requiring further surgery
- a moderate soft tissue injury to the neck with acceleration of degeneration by 2-3 years
- a soft tissue injury to the lower back/left buttock with acceleration of underlying degeneration by 2-3 years
- a moderate soft tissue injury/sprain-strain with acceleration on of underlying degeneration to the right wrist by 18-24 months
- a single episode of depressive disorder and a fear of falling (no prognosis provided)
What did C’s untraced driver claim settle for?
After intensive negotiations, Rosie took instructions from her client on an offer of settlement put forward by the MIB’s legal representatives in the sum of £210,000.
The case was settled on a global basis with no specific breakdown of the amounts involved. However, Rosie and her team estimated the breakdown to be as follows:
General Damages (compensation) for pain, suffering and loss of amenity (the injury compensation): £65,000
Damages for Past and Future Losses, including past and future care and assistance costs, cost of adapting home to client’s future needs, mobility scooter costs, miscellaneous costs (such as travel expenses and medication costs), and future medical costs: £145,000
After careful consideration, C instructed Rosie Lyne to accept the global offer of £210,000 on his behalf.
If you’ve been involved in an accident with an untraced driver, contact Mooneerams Solicitors today on 029 2048 3615.
Mooneerams handle most untraced driver claims on a No Win No Fee basis.
This case study has been anonymised to protect client confidentiality while preserving the factual accuracy of the case.
