A woman whose father was left brain damaged after being involved in a holiday accident at a Spanish motorcycle track day has warned others of the ‘nightmare’ challenges faced when a loved one suffers a serious injury abroad.
It comes as the family have finally been awarded £250,000 damages thanks to the support of Hudgell Solicitors’ specialist travel litigation team, which had to overcome numerous, significant legal hurdles to secure the settlement.
Now, the man’s daughter has warned others who take part in adrenalin-seeking activities when abroad to consider the implications of injuries suffered overseas.
She says they found support in Spain to be ‘almost non-existent’ at one of the most difficult times of their lives, with their legal case for damages also then fiercely contested.
Family had to raise £25,000 for air ambulance home
More than five years have passed since the woman’s father, who was 70 at the time, suffered a traumatic brain injury (TBI), psychological injuries and fractures to three ribs and his wrist in the accident at the Circuito de Jerez race circuit, in south western Spain.
He was rushed to hospital where he was in intensive care for two weeks before being transferred to a family ward and then repatriated to the UK and admitted to hospital in London. He was then transferred to a Brain Injury Centre before being discharged home some six months after his accident.
His daughter says it has left him ‘a shadow of the man he was’, needing constant care and support from his family as he continues to struggle with his mobility, lacks strength and coordination, is very forgetful and becomes tired and frustrated quickly, resulting in a loss of temper.
“I want people to read about what happened to my Dad, and be aware of what a nightmare situation it is when one of your family is seriously injured abroad,” she said. “We found the support to be almost non-existent. The hospital care is nowhere near the standard we have in the UK, and once somebody is out of intensive care it is basically handed over to their family to care for them.
“We found ourselves looking after my Dad, who was incredibly unwell and brain damaged, from having to help him in intimate situations, to then having to find £25,000 to fly him home in an air ambulance as our health insurance didn’t cover that cost. We had to borrow from family and friends. It was an awful situation.”
Legal loopholes led to issues over track day rider’s insurance
Whilst trying to focus on helping his recovery, the man’s family then found they faced hurdle after hurdle in terms of the legalities associated with such an accident abroad – something which was only further complicated by the UK’s decision to leave the EU in 2020.
Firstly, they found a legal holiday injury claim could not be brought against either the track or event organisers, and then told that the rider they alleged had caused the accident through negligent driving didn’t have any third party insurance – and had not been required to take out insurance at such an event. This meant they couldn’t seek compensation from any insurer and it would not be worthwhile suing him directly.
The family instructed highly-experienced holiday accident claims solicitor Paul McClorry, of Hudgell Solicitors, to represent them, who pursued a case for damages against the UK Motor Insurers’ Bureau (MIB), despite the case having to be considered under Spanish laws.
The MIB compensates victims of accidents caused by uninsured and untraced drivers, with funds to pay damages raised by taking contributions from all driving insurance premiums. The MIB ultimately acted as the compensatory body on behalf of the Spanish Motor Insurers’ Bureau.
Mr McClorry instructed barrister Philip Mead, of 12 King’s Bench Walk, and used his international contacts to identify and instruct a Spanish lawyer to provide advice on liability issues under Spanish law. He also consulted a motorbike expert who provided an independent opinion on the manner of riding which led to the accident, as it had been filmed on a head camera.
Liability proved a huge issue in the case, with the MIB challenging a High Court ruling, following a three day trial, from February 2022 which had found in favour of Mr McClorry’s case for his client.
“We alleged that another rider had caused the accident through negligent riding as he carried out a dangerous overtaking manoeuvre of our client very close to a sharp corner on the track, cutting across him before then suddenly breaking sharply, causing our client to crash into him,” explained Mr McClorry.
“We alleged it was dangerous and negligent riding on the other rider’s part given the layout of the track.
“At the High Court last February, the judge agreed with us, ruling that the other rider was 75% at fault, but still we faced further legal obstacles as the MIB then appealed this decision to the Court of Appeal.”
Mediation process led to £250,000 out of court damages settlement
As part of the appeal process it was mandatory for the two parties to enter into a mediation process, something which led to an agreement being reached in February 2023 to settle the accident on holiday claim, with a £250,000 compensation settlement agreed, and then approved by the court.
“After such a long and difficult battle it’s an excellent settlement for my father and our family, so we are hugely grateful to Paul McClorry and Philip Mead for their work on our case, and for getting what ultimately, given all the challenges, is a really good result.” said the daughter.
“My mum and dad sold their home and came to live on the same development as us when they returned home from Spain, so that we could help them out. Adaptations have had to be made to their home, so this compensation will fill that financial hole we had from that investment, and from having to pay for the air ambulance home after the accident.
“We are determined to keep my parents living close to us, even when it becomes more difficult, so when the time comes we also be able to use this money for some home care support.
“Obviously if we could turn back the clock we all would. My father curses himself for what has happened to him as he was an extremely active 70-year-old with lots of good times still ahead of him. His life was changed in a second, and sadly, even though these track days are not meant to be races, you do get people riding in categories which they shouldn’t be, and tearing around carrying out dangerous manoeuvres.
“We know the man who caused this never intended to cause my father such a life-changing injury, but that’s what happened. People need to ride more sensibly at these events. They are not professionals. It is people seeking some enjoyment and a thrill.”
Serious injury cases ‘impacts on every aspect of lives’
Mr McClorry said he was pleased to have brought the case to a successful conclusion.
“This has been a hard-fought case which has been fraught with legal obstacles and difficulties, and against a defendant which denied all allegations made. Even when we obtained the High Court judgment in our favour, we faced a further challenge which threatened to drag this case on for even longer, which would have been really tough for the family.
“Over the past five years, they have had very little support and it this has impacted on every aspect of their lives. Of course, it has been life-changing for our client and his wife, but as always in cases of serious injury, it has impacted on the wider family, and also significantly financially.
“Compensation settlements can never reverse time, but it at least paves the way to put in place a comprehensive private care regime to ensure the best possible future for our client and his family.”
The daughter added: “I can’t praise Paul enough. He has been professional and compassionate at all times. I have had to lead the claim on behalf of my father, and Paul always asked after both my mum and dad every time we spoke and was always focussed on doing the best job for us.
“He was the one there fighting for us when we needed help. We won’t forget that.”
Serious Injury Abroad Compensation Claims
Serious injuries have a life-changing impact wherever they occur and whatever the circumstances. Suffer a serious injury abroad, however, and the aftermath is made all the more complicated. Thankfully, our serious injury travel litigation solicitors are here to help.
If you’ve been seriously injured while holidaying or working abroad, in an accident that wasn’t your fault, you may be entitled to compensation. Our travel litigation experts have years of experience in handling serious injury claims abroad, helping you obtain the compensation you deserve following a life-changing accident overseas.
When you contact us to make a claim after a serious injury abroad, we’ll offer a free and impartial consultation to assess your circumstances and advise you on the way forward.
