Case study: elderly couple injured in bus accident

Compensation: £7,000

Summary:

Mr and Mrs H were travelling on a bus in Eccles when they were both injured. The bus driver pulled up very quickly and both Mr and Mrs H flew out of their seats, with Mrs H landing on her hand. Although the bus company persistently denied knowledge of the incident, eventually YouClaim solicitor, Michelle Arathoon was able to prove that the incident had occurred and that the driver was negligent. Together, Mr and Mrs H were awarded £7,000.

The Accident:

Mr and Mrs H, an elderly couple, boarded the bus from Eccles Precinct after a shopping trip. During their journey home, the bus pulled up very suddenly and the couple were both thrown from their seats. Mrs H landed awkwardly and painfully on her hand, while Mr H was less badly injured, but still in pain. After the accident happened, the driver neither stopped nor apologised and Mr and Mrs H were left shaken. They went to Salford Royal Hospital that day, and Mrs H was found to have a fractured wrist and had her arm put in a splint. She also suffered back and knee pain, while Mr H had chest pains, bruising to his knee and pain in his back.

The Claim:

After the accident, both Mr and Mrs H were left very shaken especially due to the fact that the driver had showed them no consideration whatsoever. Their granddaughter contacted YouClaim to find out if her grandparents could claim. Solicitor, Michelle Arathoon was put on the case and got right to work by contacting the bus company, First West and North Yorkshire to request CCTV footage. The extent of Mrs H’s injuries meant that her husband had to provide extra support for several months after the incident and both of them suffered from travel anxiety. And though Mr H was caring for his wife, he too had suffered injuries that lasted for approximately six weeks after the accident.

The Case:

Michelle sent a letter of claim to the insurers of First West and North Yorkshire and was told that they were not aware of any incident occuring. As the defendants would not admit knowledge of the incident, Michelle arranged for Mr and Mrs H to see medical experts. She also obtained their medical records and was able to provide evidence that Mrs H had been to the hospital with a fractured wrist after a bus incident. Though Michelle had requested CCTV footage from the bus, the defendants claimed that they were unable to find this and asserted that if no claim was made within seven days of an incident, then footage was duly wiped.

With the defendants refusing to acknowledge the accident and the deadline for the case to be settled approaching, Michelle issued court proceedings. A schedule of losses incurred by Mr and Mrs H was drawn up and their statements were taken. As the court date got closer, Mr H found a letter he had received from First West and Northern Yorkshire in reference to the accident – clear evidence that the company had been aware of it. Eventually the defendants were forced to admit that the incident had happened, and claimed that communication failures had led to this ‘misunderstanding.’

Going to court: compensation

Though the defendants could no longer deny knowledge of the accident they were not willing to settle the claim out of court. As such, Mr H went to court on behalf of himself and his wife, who was too ill to attend, and the final decision was left to a judge to make. After hearing both sides, the judge awarded Mrs H the full sum of £6,000 and Mr H £2,500. They took home a cheque of £7,000 and were very happy with the result.

 

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