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Title: £250,000 Hit and Run Compensation

Amount: £250,000

 

Miss O –v- Motor Insurers’ Bureau (MIB)
Road traffic accident – pedestrian – hit and run driver – Motor Insurers’ Bureau – 1996 Untraced Drivers’ Agreement – liability - contributory negligence - severe brain injury – orthopaedic injuries
Full liability damages in the region of £1,000,000. Damages following a reduction for contributory negligence £250,000.
Negotiated global settlement. Significant risk of complete failure at Arbitration.
On 4 April 2001 the Claimant, who was 21 years old at the time, was involved in a road traffic accident with devastating results. She had been out for the evening in Clapham, London, with family and friends. The Claimant had been drinking but not excessively. The Claimant saw her bus home approaching on the other side of the road. On her side of the road was another bus which was stationery. The Claimant emerged past the front of the bus on her side of the road in order to cross the road. As she stepped out from in front of the bus she was struck by a car which then drove off.
The Claimant sustained a severe brain injury and multiple orthopaedic injuries. She had intended to go into teaching either at nursery or primary school level. As a result of her head injury she is unable to do more than a couple of hours paid work per week. Prior to the accident the Claimant had learning difficulties. Prior to settlement the Claimant was examined by a Consultant Psychiatrist and deemed to have capacity.
The MIB disputed liability throughout the case. The MIB chose to rely on the evidence of the driver of the stationery bus who said that the Claimant ran into the road and that the untraced driver was travelling at no more than 20-25mph. Other witness accounts (the Claimant’s family and friends) varied with the Claimant walking or proceeding briskly into the road and with the untraced driver travelling at between 25-40mph. The MIB did not accept that the untraced driver was exceeding the speed limit nor that he was travelling too fast in the circumstances. The MIB placed blame wholly at the Claimant’s feet for running into the path of a correctly proceeding vehicle.
The prevalent conditions were as follows: relatively narrow road for London, dark, wet roads, raining, busy (pedestrians on kerbs either side of the road) with a lot of people making their way home. The Claimant was struck 2 to 3 feet beyond the edge of the bus.

Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors, for the Claimant.

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