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September 3rd 2020

Personal Injury

£21,000 damages for woman hit by ‘filtering’ motorbike as case settled on basis of equal blame

Mobeena Salim

Mobeena Salim

Solicitor, Personal Injury

£21,000 damages for woman hit by ‘filtering’ motorbike as case settled on basis of equal blame

A woman has thanked Hudgell Solicitors for securing her a £21,000 damages settlement for injuries she suffered when stepping into the path of an oncoming motorbike she hadn’t seen.

A woman has thanked Hudgell Solicitors for securing her a £21,000 damages settlement for injuries she suffered when stepping into the path of an oncoming motorbike she hadn’t seen.

The 26-year-old was hit directly by a rider who was overtaking queuing traffic on the outside of the lane – known as filtering – when she stepped out from in front of a stationary bus.

Her personal injury case had struggled to progress for three years when represented by another firm as  defendant solicitors acting on behalf of the motorcyclist’s insurers refused to accept liability.

However, the matter was taken over by Hudgell Solicitors and successfully brought to a conclusion by specialist personal injury solicitor Mobeena Salim.

She negotiated an out of court settlement based on both parties splitting responsibility, alleging the motorbike rider – although driving legally – had failed to take appropriate care when filtering through traffic.

Under the Highway Code, motorcyclists are required to ‘take care’ and ‘keep speed low’, with the need to be on the lookout for pedestrians crossing between vehicles when passing queuing traffic.

Mrs Salim alleged there had been clear failings in each of these requirements, leading to the settlement finally being agreed.

“I’m delighted with how Mobeena has helped me as before the case was taken on by Hudgells I had pretty much given up hope of getting any compensation,” said the woman, of London.

“It had been frustrating as the previous legal firm which was representing me didn’t seem to be challenging the situation or determined to get the best result for me. It was going nowhere.

“When I was first told that the defendants were not accepting liability it was horrible. I was basically being told that what had happened to me was all my fault. As someone who has struggled through life with depression and anxiety it just felt like I was being told I had been stupid and only had myself to blame.”

Accident caused fractured hip and woman was left unable to care for herself

The woman, who was working in London as a personal assistant at the time, said she was impressed at how quickly Mrs Salim reassessed and strengthened her case for damages.

“When Hudgells and Mobeena became involved it was a completely different situation. She was so attentive and listened to me. It was important to have somebody who clearly cared about doing the best for me and she showed genuine empathy and understanding,” she said.

“She reviewed my case and said that the full impact of the accident on my life, and those around me who supported me, needed to be included.

“She also ensured that, after I was assessed by a medical expert, that it was taken into account how I still suffer with pains when sitting for extended periods even today. It was clear that Mobeena was ensuring everything was covered.”

Recalling the accident, which happened in November 2016, the woman said she knew the road very well, as she crossed it every day on her way to and from work, with traffic often queuing heading into the city during the busy morning rush hour.

However, she remembers nothing of being hit by the motorbike, with her last memory being stepping out into the road, as she crossed in front of a bus which was stationary.

“I remember stepping out to walk in front of the bus but nothing more. The next thing I remember I was on the floor and confused and in a state of shock. Initially I felt I must have stumbled and fallen,” she said.

“It was a complete shock to find out what had happened and to this day I am certain I would not have stepped out from behind the bus and into the road without looking. I just wouldn’t do that.

“I imagine I would have been looking left to see where the traffic was coming and then I will have looked right when stepping out beyond the bus, but I obviously had no time to react and that has always made me believe he must have been going too fast to react.”

The woman spent a week in hospital having suffered a fractured hip which needed to be pinned and plated. She also suffered bruising to her ribs and elbows and was unable to sleep well for six weeks due to the pain she was in.

She needed to inject blood thinning medication daily due to her lack of mobility, as well as taking painkillers, when finally allowed home. She says living in a fourth floor apartment made life difficult, and she had to rely heavily on her parents, brother, and friends, to ‘do everything’ for her for many weeks.

“Even the basic things were too hard for me to do, such as putting on trousers of having a shower. I couldn’t even wash my hair and had to get a friend to do that for me,” she said.

“I also missed a holiday abroad which I’d had booked, so it was a miserable time as being in pain, unable to sleep or leave the apartment really got me down.”

50/50 split on liability agreed and damages secured

Following further representations to the defendants, a 50/50 split on liability was agreed and the woman decided to accept an out of court settlement of £21,000.

“Mobeena set out all of my options very clearly in a phone call and then e-mailed me to help me come to a decision. In the end I secured a higher settlement than was first offered as part of the negotiations,” she said.

“I can’t thank her enough for the support. I am putting the money towards a deposit on a house, and I am getting a puppy as I am told it will help with my anxiety.

“I was delighted with the settlement, and, apart from the pains when I am in the same position for a long time, I have made a good recovery.  I can run and go on long walks and exercise. I’m now trying to put this behind me.

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