Legal challenge secured support for John after collision caused by an untraced driver
John, a regional business development manager and grandfather, enjoyed playing golf and spending time with his family. While travelling along a dual carriageway, he was forced off the road by a van. The vehicle and its driver were never traced, leaving John seriously injured and with no identified insurer from which to seek compensation.
The van cut across an exit in front of John’s car, forcing him to swerve. His car struck a roadside barrier and a tree. John was trapped inside with his foot caught beneath a pedal and drifted in and out of consciousness until the fire and rescue service freed him. He was then taken to hospital.
John suffered fractures to his ankle, foot, ribs and knee, and required several operations. When he returned home, he needed his daughter’s help to bathe, dress and shave. The sudden loss of independence was difficult for a man who had previously led an active life.
The collision also had a serious effect on John’s mental health. He developed post-traumatic stress disorder, struggled to sleep and became anxious about travelling. As his job involved a great deal of driving, he was unable to return to work. Losing his income left him in debt and added to the pressure he was already facing.
Because the van and its driver could not be traced, John could not pursue a conventional claim against the driver’s insurer. He instead applied to the Motor Insurers’ Bureau (MIB), which provides a route to support people injured by uninsured or untraced drivers.
The MIB initially rejected John’s claim after considering information from the police and apparent witnesses. However, the witness statements were unsigned and contained several inconsistencies. John’s own account was then called into question, despite remaining consistent in what he told the police, ambulance staff and clinicians during cognitive behavioural therapy.
The CLA member firm, Express Solicitors, challenged the decision on John’s behalf. His case was led by solicitor Rachel Flannigan, who worked with her team to examine the evidence and argue that it should be assessed in the same way it would be by a court. They showed that the unsigned witness accounts should carry little weight and that there had been no opportunity to question the people who provided them.
The appeal was presented to an arbitrator, who overturned the MIB’s decision and found the untraced driver fully responsible for the collision. This meant John’s account was finally accepted and he could access the practical support needed to begin rebuilding his life.
Rachel secured interim payments to help ease the financial pressure while John was unable to work. The MIB also agreed to fund the private treatment and further surgery required as part of his recovery, including treatment to his knee and ankle.
John said: “Rachel was my guardian angel…to have someone believe in you in your darkest days, that’s all you want.”
Rachel and John both cried when they learned that the appeal had succeeded. Although his recovery remained ongoing, the decision meant John could begin looking ahead to the knee replacement and ankle fusion surgery he needed.
For John, specialist claimant representation meant that the initial rejection of his case was not the end of the road. It ensured that unreliable evidence was properly challenged and that his account was fairly heard. Most importantly, it gave him access to treatment, eased the financial pressure on his family and helped him regain hope for the future.