Severe head-on collision - help required please

Ember999

Hi

On 28th August 2007 my husband and I were driving back from Scotland to England when we turned onto a dual carriageway. It was 1:10am in the morning, we had been celebrating our 20th wedding anniversary on that day.

A car, being driven on the wrong side of the carriageway smashed into us at high speed causing a head-on collision. Several police cars, paramedics and ambulances later, we found out that the driver was 2 times over the limit when breathalysed at the scene. I suffered severe multi-injuries. 3 air bags saved our lives. That night my husband and I were almost killed. It was the most horrific experience you can imagine.

I suffered broken ankle, fractured tibia, ruptured implant, blood clots under stomach, broken floating rib in my back etc. swollen stomach, severe (I was almost black) bruising all over my body. I was told I was lucky to be alive. Our car was totally destroyed. Her car was totally destroyed. She walked away from the head-on collision without barely a scratch. Resisted arrest, etc...etc....too much to type, you get the general picture.

I have been bed bound for 2 weeks now as my leg is in plaster and is non-weight bearing. I am not being paid sick pay from my job as in the 8 weeks prior to the drunk driver almost killing me I had the audacity to have had 2 days off so was told yesterday that I do not qualify for sick pay.

I was given morphine at the scene, have extensive injures, some not mentioned here and will require plastic surgery over the next few weeks to my chest to repair the damamge caused in the impact.

My husband suffered whiplash and extensive bruising as the passenger in the vehicle I was driving.

My car has been written off a few days ago and my insurers have offered the going price for my vehicle minus the £100 excess on my fully-comp policy. This excess I am told will be claimed back with all the other damages etc.

I have been driving over 20 years, no points on my license, never had a speeding ticket, was breathaysed at scene - no alcohol in my blood, I am squeeky clean. She has accepted total liability. Police reports all confirm I am non-fault.

A specialist multi-track inury lawyer was appointed by my insurers (Post Office Insurance Services Ltd.) and that is now in progress. They are currently in talks to pay for a private consultation with the plastic surgeon I need to see to assess damage to chest and what needs doing. If I do need surgery it is going to be claimed for to be done privately.

Does anyone have any idea of what type of figure I will be looking at for the personal damages in this case? Taking into account the injuries I suffered, the loss of earnings (will be re-couped, I know) the being house and bed-bound for 6 weeks for broken leg/ankle, shock, trauma, losing my car and it all happening because a drunk driver chose to drive whilst drunk on the wrong side of a dual carriageway and crash into us 'head on' almost killing us.

I'm looking for estimates from anyone who has any idea at what sort of figure I am looking at - just something to cheer me up whilst I am bed bound, in extreme pain and wanting justice for this terrible thing this drunken woman did to me and my life.

It is expected that I will make a full recovery, all being well.

Any ideas anyone?

vikingaero

Sorry to hear of your awful accident Ember.

It's very hard to put a figure on any PI claim. There are so many factors involved including differing times to convalesce etc. Your lawyer should be able to give you a ballpark figure.

My best friend was recently involved in an accident (motorist pulled out of a side road - my friend was on his motorbike). The only advice that I could give him was to buy a folder and a A4 book and log expenses, travelling time, petrol, relatives time and expenses, hospital parking tickets etc.

You should speak to your lawyer - or he/she should speak to you and tell you what to expect/not to expect, how many years the claim will drag out for etc.

mattymoo

Sorry to hear of your accident. Similar thing happened to me - met by vehicle coming wrong way down fast lane of a dual carriageway. Managed to avoid it but never been so shaken. Huge sense of relief and realisation of own mortality.

I used to handle complex injury claims like yours in the early 90's but this means my figures are somewhat out of date. Fortunately it is not like the Criminal Injuries Compensation Board where they pay out on the most serious injury and pay a fraction for the lesser injuries.

It will take some time (best guess 2-3 yrs). This is largely down to your recuperation and a period needed to assess if you are going to have any long term problems.

The ribs and bruising will heal the quickest. Bone fractures will hopefully knit together correctly and fully recover. To some extent this may be affected by your occupation and lifestyle. As an example, a shop worker who is on their feet all day may experience more problems from the fractured ankle and tibula than say an office worker.

Your solicitor will assess the impact on your ability to work and enjoy social activities such as sports and walking.

Loss of earnings can be reclaimed but bear in mind that the DWP will reclaim any benefits you receive. They have a special unit set up for this task and the womans insurers will be obliged to notify them of the claim. You will no doubt hear more about the Compensation Recovery Unit from your solicitors.

Loss of earnings are known as special damages - that is they can be quantified exactly. Other special damages you can claim include:-
Car excess (your insurers will pursue for the amount they paid out as well)
Clothing worn at time of accident - probably cut off by A+E staff.
Personal possessions in the car damaged by accident.
Medical costs and medications.
Transport costs, e.g. bus, taxi and hire car.
Cost of any adaptations needed in the home if the injury effects are long lasting. e.g. grab handles and rails.


The other type of damages are general damages. These are inexact figures based on previous cases of a similar nature, adjusted for inflation. They include:
Smith and Manchester Award. Typically between 1 and 2 years loss of earnings. This is to reflect the disadvantage you may face in the labour market. By disadvantage, I mean if a prospective employer sees an able bodies candidate and you (with long term injury problems) they may take the able bodied person.

Pain and suffering award. This is usually the big one and also the one where my figures are now out of date.
Bruising was typically £1,000 or less due to its short term nature.
Broken ribs - £2000 to £4000
Ruptured implant (sorry never dealt with this)
Broken ankle / leg - typically £5k to £10k.

The total will not be all of the above added together. On these figures your solicitor would argue for £15000. The insurers would argue £8000 and the claim would settle somewhere in between.

The above figures do need to be adjusted for 13 years of inflation and general damage awards have risen above the rate of inflation. I would guestimate £12k to £20k as a likely bracket but no doubt I will be corrected.

The circumstances of the accident, drunk eejit, do not have an affect on the award. It is to be hoped she gets her just deserts in the criminal courts.

Finally, it is possible in the case of financial hardship to request an interim payment deducted from the final settlement. Useful if you have major expenses to pay out.

Ember999

mattymoo wrote: »

Sorry to hear of your accident. Similar thing happened to me - met by vehicle coming wrong way down fast lane of a dual carriageway. Managed to avoid it but never been so shaken. Huge sense of relief and realisation of own mortality.

I used to handle complex injury claims like yours in the early 90's but this means my figures are somewhat out of date. Fortunately it is not like the Criminal Injuries Compensation Board where they pay out on the most serious injury and pay a fraction for the lesser injuries.

It will take some time (best guess 2-3 yrs). This is largely down to your recuperation and a period needed to assess if you are going to have any long term problems.

The ribs and bruising will heal the quickest. Bone fractures will hopefully knit together correctly and fully recover. To some extent this may be affected by your occupation and lifestyle. As an example, a shop worker who is on their feet all day may experience more problems from the fractured ankle and tibula than say an office worker.

Your solicitor will assess the impact on your ability to work and enjoy social activities such as sports and walking.

Loss of earnings can be reclaimed but bear in mind that the DWP will reclaim any benefits you receive. They have a special unit set up for this task and the womans insurers will be obliged to notify them of the claim. You will no doubt hear more about the Compensation Recovery Unit from your solicitors.

Loss of earnings are known as special damages - that is they can be quantified exactly. Other special damages you can claim include:-
Car excess (your insurers will pursue for the amount they paid out as well)
Clothing worn at time of accident - probably cut off by A+E staff.
Personal possessions in the car damaged by accident.
Medical costs and medications.
Transport costs, e.g. bus, taxi and hire car.
Cost of any adaptations needed in the home if the injury effects are long lasting. e.g. grab handles and rails.


The other type of damages are general damages. These are inexact figures based on previous cases of a similar nature, adjusted for inflation. They include:
Smith and Manchester Award. Typically between 1 and 2 years loss of earnings. This is to reflect the disadvantage you may face in the labour market. By disadvantage, I mean if a prospective employer sees an able bodies candidate and you (with long term injury problems) they may take the able bodied person.

Pain and suffering award. This is usually the big one and also the one where my figures are now out of date.
Bruising was typically £1,000 or less due to its short term nature.
Broken ribs - £2000 to £4000
Ruptured implant (sorry never dealt with this)
Broken ankle / leg - typically £5k to £10k.

The total will not be all of the above added together. On these figures your solicitor would argue for £15000. The insurers would argue £8000 and the claim would settle somewhere in between.

The above figures do need to be adjusted for 13 years of inflation and general damage awards have risen above the rate of inflation. I would guestimate £12k to £20k as a likely bracket but no doubt I will be corrected.

The circumstances of the accident, drunk eejit, do not have an affect on the award. It is to be hoped she gets her just deserts in the criminal courts.

Finally, it is possible in the case of financial hardship to request an interim payment deducted from the final settlement. Useful if you have major expenses to pay out.

Thank You so much for taking the time to consider my situation and provide such a detailed, thoughtful response. I do appreciate this so much, thank you.

The Police have been brilliant - they are attempting to prosecute not only for driving under the influence of alcohol, but also dangerous driving and driving without due care and attention. The outcome of the legal proceedings with the Police rests entirely with the decision made by Crown Prosecution Service I am told, but as I am non-fault they are going ot hopefully get her for as much as they can. This will be a justice I will appreciate.

The sad fact in her case is that she was driving her boyfriends car, as a named driver on the policy. My lawyer this morning told me that as she was drunk she invalidated his insurance policy (some indemnity clause or something) so it is unlikely that his £19,000 Seat Leon will be paid for - his car which she also wrote off in the crash - he was not in the vehicle, she was driving. Also the lawyer told me that his insurers will try to reclaim damages made to me from her which could result in him losing his house.

So much caused by a drunk driver huh?


Once again, thanks for your help. I feel a bit better knowing what is likely to happen now.

Ember xx

mattymoo

She could well be facing some time in prison for this as well.

Out of interest what kind of car where you driving? At legal speed limit of 70mph you will have had a combined closing speed of 140mph. I'm guessing both cars were pretty modern. 10 years ago I don't think you would have been so lucky.

Doesn't bear thinking about does it.

Ian_W

Excellent reply from mattymoo, Ember.
In a previous incarnation, even longer ago than matty, I used to assist people with serious PI claims and I'd have put the time scale for settlement as a little longer, but hopefully things have improved.
It can be very frustrating for the victims to have to wait several years but the thing to remember is that it's dealt with on a full and final settlement basis in most cases - so you only get one shot to get it right. That means medical prognosis for the future must be very certain before your lawyer can advise you to settle. Just try to be patient and remember, if needs be, interim payments can be requested.
A PI lawyer I respected used to tell clients, I can settle it to-morrow if you want or I can settle it for the right amount when I know what that is.

This will be a justice I will appreciate.

Hope you're right about that, though somehow, given the state of the courts particularly in respect of deaths and injuries caused by dangerous drivers I think you may end up thinking that there is no F in justice!:mad:
Hope I'm wrong about that - but anyway best wishes for a full and speedy recovery.

mattymoo

Ian W - when I left claims in 94 the Woolf Reforms were just coming in. Sped up quite a few aspects, medical reports in particular. IIRC both sides have to agree the medical expert and then go with that report.

No more plaintiff / defendent orientated doctors.

Ember (to explain). In the old days insurers would chose medical experts (orthopaedic consultants / plastic surgeons etc) who they knew tended towards optimism in their prognosis. The claimants solicitors would select experts who would paint a pessimistic picture in their reports. The waiting list for reports could be typically 6 months and this would drag things out. If one side was not happy with a report, they would have to delay another 6 months to get another report.

Lord Woolfe turned this system on its head and introduced strict timescales and procedures for this type of litigation. It has been in effect over 10 years and is generally seen to be a success.

Ember999

mattymoo wrote: »

She could well be facing some time in prison for this as well.

Out of interest what kind of car where you driving? At legal speed limit of 70mph you will have had a combined closing speed of 140mph. I'm guessing both cars were pretty modern. 10 years ago I don't think you would have been so lucky.

Doesn't bear thinking about does it.

Hi

My car was a seat ibiza (2003) and I had 3 drivers air-bags and my hubby had 1 passenger air-bag. I agree, 10 years ago we would be dead. When Police and Paramedics were at the scene, as they were putting me in ambulance I saw my car, you would not believe the state of it. head-on collision had totally made the whole front turn up on itself, wheels were under the car. The traffic officer said he couldn't believe we both got out of the car alive. He said her being drunk probably saved her from injury due to her body being more relaxed or something. I found it quite amusing when I found out that the car that crashed into us was also a Seat...albeit a more powerful, bigger and more expensive one. I'm buying a different car next time, I think red Seats will give me the creeps for life now.
Thanks for your comments.....

Ember xx

Ember999

Ian_W wrote: »

Excellent reply from mattymoo, Ember.
In a previous incarnation, even longer ago than matty, I used to assist people with serious PI claims and I'd have put the time scale for settlement as a little longer, but hopefully things have improved.
It can be very frustrating for the victims to have to wait several years but the thing to remember is that it's dealt with on a full and final settlement basis in most cases - so you only get one shot to get it right. That means medical prognosis for the future must be very certain before your lawyer can advise you to settle. Just try to be patient and remember, if needs be, interim payments can be requested.
A PI lawyer I respected used to tell clients, I can settle it to-morrow if you want or I can settle it for the right amount when I know what that is.
Hope you're right about that, though somehow, given the state of the courts particularly in respect of deaths and injuries caused by dangerous drivers I think you may end up thinking that there is no F in justice!:mad:
Hope I'm wrong about that - but anyway best wishes for a full and speedy recovery.

Thank You for your kind wishes, I appreciate it. I do worry about the justice that will be brought upon this person. We could have died and I don't think a 3 year ban and a few thousand pounds fine is what is deserved in these situations. I do think a custodial sentence is what should be the case but like you say, I also think it unlikely. Sad but probable.
I also feel sorry for her boyfriend. He has lost his car, his no claims bonus and there will be repercussions for him and it wasn't even his fault. I hope he decides that maybe he would be better off with a different girlfriend.


Ember xx

tomstickland

Talking about vehicles on the wrong side of the road, I was coming out of Bristol a few weeks ago, in the dark. The single carriageway split into a dual carriageway. I was just pulling into the right hand lane to start an overtake when I spotted headlights coming towards me in the right hand lane of the left hand carriageway. I pulled to the left and a car appeared; going the wrong way down the carriageway. A lucky escape, saved by being vigilant.

Ember999

tomstickland wrote: »

Talking about vehicles on the wrong side of the road, I was coming out of Bristol a few weeks ago, in the dark. The single carriageway split into a dual carriageway. I was just pulling into the right hand lane to start an overtake when I spotted headlights coming towards me in the right hand lane of the left hand carriageway. I pulled to the left and a car appeared; going the wrong way down the carriageway. A lucky escape, saved by being vigilant.

I am pleased for you that you had time to react and avoid the terrible crash I endured. We had just turned onto the dual carriageway, suddenly you see headlights in front of you, there wasn't even time to think or react, it was that quick. Police said from skid marks on road she had to have been traveling about 60 - 70 miles per hour from the marks made by her ABS brakes. So pleased it didn't happen to you.

Ember xx