PEDESTRIAN IN HIT AND RUN AWARDED SIX FIGURE SUM

September 01, 2011

Julia Cinnamond acted for Mr Taylor who was seriously injured in a hit and run road incident on 2 November 2007 when he was 38.

Mr Taylor was on his lunch break from work and was crossing over the road in Dudley when he was suddenly struck by a car in his left side. As he lay on the floor, the driver, who had been speeding and driving negligently, failed to stop (a requirement by law) and drove off leaving him seriously injured and helpless.

Both the owner of the vehicle involved and its driver could not be traced and therefore there was no known person or insurance company to claim against.

Mr Taylor instructed Julia, who advised that in such circumstances, a victim from a hit and run can still claim compensation for personal injury and consequential losses from the Motor Insurer’s Bureau (MIB), under The Untraced Drivers’ Agreement 2003 and Supplementary Agreements 2008 and 2011.

The MIB is an organisation designed to compensate victims of uninsured and untraced drivers. However the Agreement requires the matter to be reported to the police within 14 days if injured.

Mr Taylor suffered multiple serious injuries, to include: a fractured left hip socket, multiple fractures of the pelvis, severe soft tissue injury to left knee and arm, back pain and Post Traumatic Stress Disorder. Following the accident, he underwent an operation and was hospitalised for 5 weeks. He could not walk unaided and could not drive for approx 10 months after the accident. Mr Taylor relied heavily on practical assistance and support from his wife. Further, he also required a considerable amount of rehabilitation and assessment following the incident, to include extensive physiotherapy treatment and counselling.

Prior to the accident Mr Taylor worked full time as a senior sales assistant in a DIY store. However, due to the accident he was off work for 10 months and was only able to return to work on a part time basis as a result of his injuries which left him at a disability, therefore he had an ongoing future loss of earnings claim.

The hit and run has left Mr Taylor with permanent injuries to his left hip joint and knee and he will need further operations in approximately 10 years time. The future surgery required will be a hip replacement, removal of multiple screws in his pelvis, and an operation to his left knee. Mr Taylor has been left with a number of scars, in particular a 37 cm surgical scar following the major pelvic surgery he underwent. He also has permanent loss of feeling in his upper left leg.

Since the accident Mr Taylor cannot play football with his young children and can no longer run marathons, which he did prior to the accident.

Following medical examinations together with detailed schedules of past and future losses with supporting evidence, Julia negotiated settlement of Mr Taylor’s entire claim arising from the hit and run, for a global sum of £205,000.00 from the Motor Insurers’ Bureau. The six figure sum being compensation in respect of Mr Taylor’s pain, suffering and loss of amenity, care and assistance, increased travel and incidental expense, past and future loss of earnings, disadvantage on the labour market and future cost of the operations required.

Mr Taylor commented:

“I would just like to thank you and your company especially Julia Cinnamond…. Julia has been nothing more than professional at all times…the amount awarded was higher that I anticipated…I wouldn’t hesitate to recommend your company to future client”.