Case Studies

Legal NI Podcast #5: Kevin’s car accident claim settled for £50,000

6 minute read


Kevin's car accident claim settled for £50,000

Hit & run driver claim case study

Kevin was driving on a country road when his car was hit by another vehicle. The impact caused Kevin’s car to flip into a field and land on its roof. He was trapped inside the car, upside down and struggling to remove his seatbelt to crawl out. The other driver witnessed the carnage they caused but fled the scene anyway. They left Kevin alone on a quiet road without checking if he had suffered injuries or even survived the serious collision. Fleeing the scene of a road traffic accident is a criminal offence.

Kevin suffered soft tissue injuries when his car flipped. Although they were serious, he was conscious and had the strength to free himself from the upsidedown car. He did so and alerted the police and ambulance service. Later that night, the Police Service of Northern Ireland (PSNI) apprehended the at-fault driver who was driving a relative’s car at the time.

Kevin was treated for his serious soft-tissue injuries in the coming months but he also developed symptoms that would be consistent with psychiatric injuries as a result of the trauma he has suffered.

Kevin contacted our road traffic accident claims team

Kevin was familiar with McCartan Turkington Breen and knew the reputation of our personal injury claims department. He contacted us and enjoyed the benefit of a free initial consultation with our Senior Partner, Colin Mitchell. Confident in Colin’s expertise, Kevin instructed us to represent him in his road traffic accident claim.

We are experts in road traffic accident claims

As the hit and run driver was identified by the PSNI, liability for the road traffic accident was not going to be an issue. However, had the driver remained an untraced driver, Kevin would still have legal recourse available to him. He may still have been able to claim compensation through the Motor Insurers’ Bureau (MIB). The MIB is funded by an estimated £30 a year from every insured driver’s premium and they will compensate those who are injured by an untraceable driver. They do this through their Untraced Drivers Scheme. You can learn more about the MIB at uninsured or untraced (hit & run) driver claims.

Colin obtained Kevin’s medical files and it became quickly apparent that the psychiatric injuries were substantial and had been understated. This would require further investigation so Colin sent Kevin to multiple appointments with one of Northern Ireland’s leading consultant psychiatrists. He was also further examined by a consultant orthopaedic surgeon who specialises in soft tissue injuries. Both consultants provided us with medical reports that detailed the extent of Kevin’s injuries and linked them to the hit & run road traffic accident.

We issued proceedings on Kevin’s behalf

Colin obtained the hit & run driver’s details from the PSNI and the details of the vehicle owner from DVLA. The law states that a vehicle owner is as responsible as the driver for third party losses. As a matter of completeness, Colin also reported the collision to the MIB. He did this in case there turned out to be an insurmountable problem with the insurance.

Colin issued legal proceedings against the driver, the owner and the MIB. By doing so, he ensured that somebody would end up compensating Kevin for his injuries and losses.

Kevin’s car accident claim settled

“First class service and I was updated regularly”Kevin (Reviews.io)

The car owner’s insurer accepted liability and Colin entered settlement negotiations with them. He settled the road traffic accident claim in the sum of £50,000, to the delight of Kevin.

Our road traffic accident claims department can help you too

If you were involved in a road traffic accident in the past three years, our team of personal injury solicitors can help. Learn more about our Road Traffic Accident claims service or Contact Us for a free, no-commitment discussion with a personal injury specialist solicitor.


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