Boyes Turner’s personal injury solicitors secured a £400,000 settlement in a pedestrian injury claim for a young man who suffered crush injuries to his leg when he was hit from behind by a car. Car collision with pedestrian caused crush fractures, nerve pain and psychological injury Our client had pulled up and dismounted from his moped at the side of the road and was standing, talking to a Deliveroo driver, when he was hit from behind by the defendant driver’s car. He suffered comminuted fractures (crush injuries) to the tibia and fibula of his left leg, neuropathic (nerve) pain to his lower leg and foot, and psychological injury including PTSD and major depression. He was taken to hospital, where he remained for a week and underwent left tibia intermedullary nail fixation surgery, followed by physiotherapy, initial pain management treatment and injections. He was left with chronic pain, swelling, tenderness, and altered sensation in his leg and foot. His walking mobility is significantly reduced and he has secondary back pain. Insurers admit liability but refuse early rehabilitation funding We helped our client pursue a pedestrian injury claim for compensation for his injuries and losses that were caused by the car driver’s negligent driving and resulting collision. The driver’s insurers admitted liability. Given our client’s urgent need for physiotherapy, we requested immediate funding from the insurers to prioritise our client’s rehabilitation and recovery as required by the Rehabilitation Code. The insurers initially agreed to pay for our client to receive some physiotherapy, but when this failed to relieve his pain, they refused to provide funding for the various multidisciplinary treatments that our medical experts recommended for his psychological, orthopaedic and nerve pain symptoms. We invited the insurers to work with us to jointly instruct a case manager to assess and report on our client’s needs and help coordinate his treatment. However, having requested and received our medical experts’ reports, the insurers still refused to jointly instruct a case manager or make an interim payment to fund the rehabilitation treatments that our client needed. In our experience, since the introduction of the Rehabilitation Code and Serious Injury Guide this type of obstructive approach to an injured claimant’s request for rehabilitation funding has been very unusual, as most reputable insurers and experienced personal injury solicitors recognise the importance of early rehabilitation in maximising the injured claimant’s recovery. Court proceedings lead to £30,000 interim payment for rehabilitation We issued court proceedings and the driver’s insurers then instructed solicitors, who agreed to make a £30,000 interim payment for our client’s rehabilitation. This enabled us to instruct a case manager to prepare an immediate needs assessment (INA). We were then able to arrange for specialist private treatment for our client from a physiotherapist, a psychologist, pain management and pain medication specialists, and orthopaedic and peripheral nerve surgeons. £400,000 settlement negotiated after rejecting low offers Our client was not working at the time of the injury, but had been offered an apprenticeship as a window fitter and had applied to work for Deliveroo. He was living at home, where he helped his mother with household tasks, DIY and childcare for his younger sister. He also helped his grandmother with gardening and other heavy tasks. Following the accident, he couldn’t take up the apprenticeship and will not be able to carry out manual work in future, leaving him disadvantaged on the labour market. Whilst our client was receiving his rehabilitation treatment, the driver’s insurers made simultaneous Part 36 (at £200,000) and Calderbank (at £225,000) offers to settle his claim. We rejected the offers, which significantly undervalued our client’s claim, and negotiated a full value settlement at £400,000, which our client accepted. Testimonial Our client kindly commented: "I wanted to take a moment to express my deepest gratitude for everything you have done for me over the past three years. When I first came to you for help with my injury claim, I could never have imagined the level of dedication, professionalism, and care you would bring to my case. From day one, you fought for me with tireless energy and an unwavering commitment to achieving the best possible outcome. Thanks to your hard work and expertise, you were able to secure a settlement result that truly exceeded my expectations. More than just the financial compensation, it brought me a great sense of justice and relief after what was a very challenging time in my life. You always made me feel heard, supported, and informed every step of the way. It was clear that you genuinely cared about my wellbeing as well as the success of my claim, and for that I am incredibly thankful. It has been an absolute pleasure working with you, and I will not hesitate to recommend you to anyone in need of a top-tier solicitor. Your work has made a real difference in my life, and I will always be grateful." If you have been seriously injured in a road collision, and you would like to find out more about funded rehabilitation or making a claim, you can talk to one of our experienced solicitors, free and confidentially, by contacting us.
