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July 27th 2020

Personal Injury

Damages of £20,000 secured for hit and run victim in just seven months and as criminal case continues

Damages of £20,000 secured for hit and run victim in just seven months and as criminal case continues

Hudgell Solicitors have secured a damages settlement in excess of £20,000 for a man just seven months after he was injured by a hit and run driver as he walked across a petrol station forecourt.

Hudgell Solicitors have secured a damages settlement in excess of £20,000 for a man just seven months after he was injured by a hit and run driver as he walked across a petrol station forecourt.

The man, 34, was heading into the station shop to pay having filled up his company car when he was suddenly hit by a driver who reversed straight into him.

Although fortunate not to break any bones, he did suffer from a displaced knee cap and tendon and cartilage damage in the accident.

He has been advised that he will need surgery to repair the injuries suffered.

The man instructed Hudgell Solicitors to represent him in a personal injury claim, and although the matter is still subject of a criminal investigation after he reported the incident to the police, a personal injury settlement of close to £21,000 has now been agreed.

Solicitor pleased to receive early damages offer

Solicitor Mobeena Salim, who represented the man in the case, said she was pleased to have been able to resolve the matter so quickly.

“This was somewhat an unusual case in that our client was actually hit in unusual circumstances given a driver suddenly reversed across a petrol station forecourt, having being parked in front of the shop. He had no time to react or move out of the way,” she said.

“Thankfully he walked away from the incident without any broken bones, but he did suffer tendon and cartilage damage which was confirmed when he had scans, which were paid for by his employer’s health insurance.

“He was advised that he would need to undergo surgery, but that was then delayed due to the Covid-19 outbreak.

“In usual circumstances we would follow a process whereby we would instruct independent medical experts to analyse his injuries. This gives us more information on the long-term outlook with regards to the impact the injuries would likely have on his life at home and work, to help us quantify an appropriate settlement figure.

“However, the defendant insurers made an initial offer to settle prior to medical examinations of £15,000. This was a figure we felt was too low, particularly without independent medical opinion, but clearly showed a willingness to negotiate and settle so we went back and then received an offer of £20,942.79, which after discussions and consideration our client was happy to accept.

“Given the initial indications in terms of how his injury has recovered, especially having had extra rest as he has been working from home, we felt this was a very good offer also.”

Accident happened ‘in a flash’ and was reported to police

The man, who regularly travels between 100-150 miles a day in his company car, said the accident was one which happened ‘in a flash’ and not one he could have foreseen.

“It all happened so quickly and there was nothing I could do to get out of the way,” he said.

“I remember walking away from the car after filling up and very briefly looking back over my shoulder to ensure no cars were coming from behind me, whilst also checking the pump number as I walked towards the store.

“When I looked back ahead the car was about to hit me as it was reversing. It was all over in a flash.

“The impact was directly onto my knee, bending my leg backwards at the knee joint and I can remember being carried some distance across the forecourt whilst I was banging on the roof of the car.

“To be fair, given what had happened to me, I stayed calm and when the car stopped I went round to the driver’s window to check they were ok too as I knew they’d be shocked.

“However, rather than being relieved that they’d not done greater harm they blamed me, were aggressive and drove off without leaving their details. I was stunned.”

The man reported the matter to the police, with the driver now facing criminal proceedings. Despite those matters still being active, the damages settlement was agreed and completed.

“The criminal hearing is completely separate and I was pleased that it didn’t impact on my compensation claim,” said the man.

“The petrol station had CCTV footage, which shows what happened. I am just pleased to have my compensation claim all settled and completed as the money does provide some extra security given these uncertain times.

“Given the accident happened last November, and that I have been working at home since then and of course throughout lockdown, my knee has really improved and strengthened because of the rest I have had, so I am confident that I will make a good recovery.

“When I weighed up the options I believed the second offer we received to be very fair and that was the opinion of my solicitor too, so I am glad to have the matter sorted.”

The compensation settlement included funds to reimburse the health care provided through the man’s employers.

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