Daniel* was out riding his moped when he was knocked off by a car that cut across his path. His moped burst into flames on impact and he had to be pulled clear.
Taken by ambulance to the Queen Elizabeth Hospital, Birmingham, Daniel had surgery on his fractured femur and knee. When he was well enough, he was discharged home.
Initial challenges
At home because of his reduced mobility, Daniel had to sleep downstairs. He wore a brace on the knee and got around using a walking frame. With the benefit of some NHS physiotherapy his condition improved, and Daniel was then able to get around in and out of the home on crutches, for short distances. Daniel also developed depression, regularly visualising riding his moped and seeing the car coming into his path. Daniel was working at a local supermarket at the time and had to take sick leave. He was paid Statutory Sick Pay and, as he was losing pay, applied for the Personal Independence Payment welfare benefit.
Our support
We made early contact with the driver’s insurer and pressed them to agree to early rehabilitation and to release an interim payment. Although the insurer was still investigating liability, they paid £5,000 to Daniel which helped cover his immediate financial losses. We also got the insurers to agree the joint instruction of an independent case manager, to carry out a thorough Immediate Needs Assessment.
The case manager recommended private physiotherapy to further improve Daniel’s mobility, cognitive behavioural therapy for his psychological symptoms, a taxi account so that he could attend his various appointments, and some equipment so he could safely use the bath.
Meanwhile, we continued to obtain evidence to prove Daniel’s case, including the police accident report, contacting a witness for a statement, and getting Daniel’s lost pay details from his employer. We also requested copies of his medical records, a necessary step before obtaining expert medical evidence.
Outcome
The insurer made an opening settlement offer and, following our advice, Daniel agreed to make a counteroffer, which resulted in an improved six-figure offer. Daniel was delighted to accept the offer which would compensate him for his injuries and financial losses now and into the future. As Daniel said, “That really means the world to me, couldn’t thank you more.”
*Not their real name
