Luke, 40, suffered catastrophic brain injury when his motorcycle left the roadway and struck a pole. It was alleged on his behalf that he was forced off the road by an unidentified car which had strayed onto his side of the road.
Accordingly his claim for compensation was made against the Nominal Defendant.
Luke remained profoundly disabled and required assistance with all aspects of daily life. He was confined to a wheelchair.
Liability was denied on behalf of the Nominal Defendant on the basis that there was no car and that the reason Luke’s motorcycle left the road was because he had an epileptic episode. Medical records revealed that Luke had been an epileptic for many years and had a history of being non-compliant with his medication.
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.