I was instructed in December 2016 by a client who was crossing the road in Balham, London when he was hit by a motorcyclist. The collision happened at speed. My client suffered serious fractures to both of his legs. He was lucky to be alive.
I immediately contacted the police who were investigating, and I was informed that the rider was on a motorbike not belonging to him and that he was not insured. I contacted the local authority who provided me with street CCTV showing the immediate aftermath of the collision. When the police evidence became available there were witness statements on file. Witnesses said they had seen the rider speeding and riding dangerously before the collision.
In the event of an accident caused by an uninsured driver or rider the claim can be directed to the Motor Insurers’ Bureau under the “Uninsured Drivers’ Agreement”. The scheme operates to compensate those injured by the negligence of uninsured drivers. I submitted a claim and after concluding their enquiries the MIB accepted liability and agreed to fund much needed rehabilitation.
My client had undergone debridement and the application of an external fixator to his left tibial fracture. He also underwent debridement and an intramedullary nail insertion of the right tibial fracture. Over the following days he had more surgery to re-open the left-sided fracture for reduction and internal fixation.
I was able to secure interim funding so that my client could have physiotherapy in the private sector. He chose to have acupuncture and counselling in addition, to supplement what was already being provided. Unable to work, my client lost earnings which I was able to obtain interim payments to reimburse so that my client did not suffer financially. He continued to make good progress.
Over time my client experienced pain at the top of his left leg which would not abate. Investigations showed that one of the locking bolts was impinging into the soft tissues and its removal was recommended. I was able to get funding for the surgery to take place privately and the pain resolved.
After more rehabilitation my client felt ready to start a phased return to work. He had the benefit of an occupational therapist helping him through this process and it resulted in him going back full time. Shortly afterwards the MIB advanced an offer to settle in the sum of £200,000. My client was back to work and not anticipating any major long-term issues. Our medical experts were in agreement and on that basis it was a good compromise, sensibly reached without my client having to go through formal court proceedings.