£350,000 for young man injured in uninsured driver collision
Harvinder Kaur secured £350,000 in compensation for a young man who sustained life-altering injuries after being struck by a car near a petrol station.
Michael* was just 21 years old when the collision occurred in Enfield, north London. Moments before the impact, he heard a vehicle accelerating nearby. The car then drove into him, causing devastating injuries.
He was rushed to hospital and treated for severe internal, colorectal, and orthopaedic trauma. As a result of the collision, Michael now lives with significant ongoing impairments, including urinary and faecal incontinence and sexual dysfunction. He continues to require medical treatment and has also been deeply affected psychologically, currently undergoing therapy to support his recovery.
The legal case was complex, centring on a dispute with the Motor Insurers' Bureau (MIB) over whether the claim should fall under the Uninsured Drivers Agreement or the Untraced Drivers Agreement. Harvinder argued that the claim should be treated as an uninsured driver case, as the identity of the driver was known. However, the MIB maintained it should fall under the untraced scheme, citing the driver’s acquittal in criminal court and the absence of conclusive evidence proving he was behind the wheel.
This distinction was critical. Under the uninsured scheme, a standard three-year limitation period applies, and proceedings can be issued in court. In contrast, the untraced scheme has no limitation period, but claimants are not permitted to issue court proceedings. Fieldfisher had already issued proceedings on the basis that it was an uninsured case.
The MIB challenged this position and sought a trial to determine the issue of the driver’s identity. Had they succeeded, it could have had serious implications for Michael’s ability to pursue his claim. Ultimately, the MIB conceded that the case did fall under the uninsured scheme, and the matter was swiftly settled thereafter.
The damages secured will enable Michael to live with greater independence and access the care and support he needs as he rebuilds his life.
*name changed for anonymity
Contact us
For further information about road traffic accident claims and personal injury claims, please call Harvinder Kaur on 0330 460 6762 or email harvinder.kaur@fieldfisher.com.
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