In January 2022, Andrew was travelling as a rear-seat passenger in a Renault car in Nuneaton when his driver collided at speed with the rear of a vehicle in front.
In the collision, Andrew sustained multiple injuries. He was taken by ambulance to the George Eliot Hospital and had surgery.
Injuries after a road traffic collision
His main injury was a fracture of the humerus in his right arm, which needed surgical fixation and putting in a cast. However, he had radial nerve palsy in the arm, which severely restricted his use and movement of the arm; later, he was referred to a hand specialist in the Queen Elizabeth Hospital in Birmingham. Andrew also began to experience travel anxiety, especially as a rear seat driver, and flashbacks
The challenges faced after the accident
Andrew was left-handed, however the arm injury meant he had to rely a lot on his partner and dad for help at home. He was given physiotherapy on the NHS to help improve the arm’s strength and function. This helped, but he still had not returned to his previous level of function, and he no longer felt confident enough to walk the dog on his own.
Despite the arm injury, Andrew was able to return successfully to his work as a sales office supervisor, with the support of his employer, who made appropriate modifications.
The support we offered
Liability was somewhat protracted despite Andrew being a passenger. This was because the driver’s insurer was making enquiries, which resulted in them refusing to indemnify the driver. However, they still accepted liability and so still had to pay Andrew’s claim under the Road Traffic Act 1988.
Whilst this was going on, the insurer agreed to the joint instruction of a case manager and an independent clinician who prepared an immediate needs assessment. With their help, we were able to facilitate private physiotherapy, which resulted in a significant improvement in Andrew’s right arm strength and function, as well as a psychotherapy assessment and treatment. We were also able to obtain interim payments from the insurers to help with various expenses.
The legal outcome
The insurer had made an early offer of £25,000 before the evidence was available to assess Andrew's claim properly. So, on our advice, he rejected the offer. However, once we had gathered the necessary expert medical reports and other evidence to support his claim, we began settlement negotiations. We achieved a final settlement of £41,500 for Andrew, which compensates him for his injuries and losses. With the right rehabilitation support, we were able to provide for Andrew, and he has made a good recovery, now able to walk his dog.
