On 31 October 2021, Bryony was travelling in the rear of her partner's car when he lost control. The car went off the road, hit a road sign and a wall before coming to a stop.
A passing driver took Bryony to Dolgellau Hospital, but due to the seriousness of her injuries, an ambulance was called to transport her to Bangor Hospital, before she was later transferred to The Royal Stoke University Hospital.
Bryony sustained multiple injuries, including a partial tear to her aorta, fractured ribs, injuries to her stomach, bowel injury, and spleen injury.
However, the main injury was to her lumbar spine, which sustained a complete transection with an avulsion of the cauda equina roots. Urgent keyhole surgery repaired her aorta and the internal abdominal injuries, which also allowed her to be fed directly into her intestine. She was also given a colostomy. Later on, her spine was also stabilised surgically with metalwork.
A couple of months later, Bryony was moved to the Robert Jones and Agnes Hunt Orthopaedic Hospital in Oswestry, where she was diagnosed with L1 ASIA B incomplete paraplegia. Private funding was secured for her to receive specialist rehabilitation at STEPS Rehabilitation. She later required further surgery to reverse the jejunotomy, which had allowed intestinal feeding, followed by a later operation to fit a suprapubic catheter.
The challenges faced after her accident
As a result of her injuries, Bryony has severe motor weakness and nerve pain in her legs. With no or minimal voluntary movement in her legs, she is unable to stand or walk and will always need a wheelchair. She has shoulder pain from using the wheelchair, which is expected to deteriorate in time, to such an extent that she will be unable to propel a wheelchair herself. She is unable to urinate, which is why the catheter was fitted, and also has bowel dysfunction. There is a 5% chance that her aortic repair may fail, requiring open vascular surgery, with all the associated risks of major heart surgery.
The support we offered
We were instructed at an early stage by Bryony. Due to her current and future significant needs, we agreed on the joint instruction of a case manager to manage her rehabilitation, who recommended a range of interventions, including funding to attend a specialist spinal cord injury centre and various aids and equipment. The value of the rehabilitation support exceeded £350,000.
Motor Insurers’ Bureau's denial
The car turned out to be uninsured and, as there was no motor insurer, the claim was being handled by the Motor Insurers’ Bureau (MIB).
Unfortunately, despite funding rehabilitation, after completing their investigations, the MIB denied liability entirely, despite Bryony being a passenger. The MIB had discovered that the driver was disqualified, and they argued that Bryony knew, or should have had reason to believe, that the vehicle was uninsured. If the MIB could prove this, Clause 8 of the MIB Uninsured Driver's Agreement provides that the MIB would not be required to pay compensation.
The driver had been previously arrested for careless driving. However, Bryony was clear that she did not know the arrest or that the driver was not insured. Her partner was extremely coercive and controlling. In the immediate aftermath of the accident, he asked her to say that another man was driving, which she did, but only because she was scared of him, not because she knew he was uninsured.
The MIB also argued that Bryony was not wearing her seatbelt at the time of the accident. As a result, we commissioned expert neurosurgical evidence in addition to a forensic reconstruction report to determine if it was likely that Bryony was not wearing her seat belt. Bryony maintained that the belt was in place and it was worn correctly.
We supported Bryony’s claim despite the issue raised by the MIB. We obtained expert evidence from 17 experts to establish the extent of her multiple injuries and also comment on her future needs. Bryony’s claim was substantial because of her lifelong needs for care, treatment, equipment, and case management, as well as her loss of earnings, an adapted vehicle, a property purchase, and adaptations. Allowance was also made for additional costs based on her having children in future.
The outcome of the case
Despite the arguments raised by the MIB, it was agreed that the parties would attend a Joint Settlement Meeting, which took place in May 2025. Notwithstanding their full denial of liability, the MIB agreed to pay damages of £6 million, which took into account the litigation risk of the MIB establishing their complete defence to any liability and potentially that Bryony was not wearing a seat belt.
Bryony now has the financial security that she needs to move on with her life. She is in the process of purchasing a property suitable for her long-term needs. To help her maximise the compensation, we have arranged for her to receive financial advice from specialist advisers who understand the needs of personal injury claimants. She will also be helped to set up a personal injury trust, to protect her access to means-tested support.
