Mrs T was involved in an horrific motorcycle accident whilst on holiday in Spain.
Mrs T was a pillion passenger on a scooter being ridden by her husband which was hit from behind by a lorry whilst in Mijas, Spain. Mrs T was knocked from the scooter and sustained significant injuries including a laceration to her face which required 5 sutures near to her left eye; a laceration to her elbow requiring 12 sutures; an injury to her left knee; an injury to the elbow; loss of skin to the buttocks and legs; abrasions to the ribs and knuckles; an injury to her toe; damage to her teeth; and, scarring to her face, left shoulder, left buttock, left thigh, left knee, left shin and right big toe.
The driver of the Spanish lorry was prosecuted for the Spanish offence the equivalent to careless driving in the UK.
As the accident occurred in Spain but the Claimant lives in England it was necessary for the Claimant to instruct a specialist solicitor with experience in cross jurisdictional claims. European Regulations enable a Claimant injured within the European Union to bring a claim in the courts of their country of domicile. These regulations provide that the claim will be settled based upon the procedural law of England and Wales, but applying the substantive law of Spain.
Bikelawyer was instructed and secured an admission of full liability from the Spanish driver’s insurance company, and then obtained evidence from a plastic surgeon and an orthopaedic surgeon.
The Defendant declined to settle the Claimant’s claim so formal court proceedings were issued out of the High Court of Justice.
Prior to the trial the Defendant made an offer to settle the Claimant’s claim and following a period of negotiation the claim was agreed in the sum of £38,000.
The Claimant’s husband suffered life changing injuries and his claim is on-going.