Our client was a passenger in a motor vehicle which broke down late at night on a dark country road on the south coast. Our client was slightly intoxicated. She stood in the middle of the road to wave down passing traffic to get some help. Unfortunately two cars travelling in opposite directions struck her. Neither car stopped. Our client suffered some orthopaedic injuries.
Our client made a claim against the Nominal Defendant on the basis that neither car could be identified. The insurer to which the claim was allocated by the Motor Accidents Authority denied liability and alleged that the accident was entirely our client’s fault for her stupidity in standing in the middle of the road on a dark night. The case was further complicated by our client’s multiple pre-injury medical and psychiatric problems.
The claim was eventually settled “out of court” on a heavily compromised basis.
Our client alleged that he was forced off the road by an unidentified motor vehicle and suffered back and brain injuries.
He brought a claim against the Nominal Defendant (which is the body that a claim is brought against in cases involved unidentified or unregistered vehicles). There were no witnesses to the accident who could verify that there had been another vehicle involved, and the insurer denied liability for the claim. After protracted litigation the matter was successfully settled.
Charlotte was 9 years old when she was struck by an unidentified car, suffering massive brain damage. The insurer alleged that she had jumped out in front of the car without warning and thus denied liability. The case went to Court and the issue of liability was successfully resolved in her favour. The claim subsequently settled, with Court approval, for many millions of dollars.
