The Claimant was 28 years of age when he was involved in a road traffic accident. He was the front seat passenger in a tow truck which was towing his broken down vehicle from London to Chesterfield. The tow truck moved towards the left of the motorway and then started to go onto the hard shoulder. The vehicle went from the hard shoulder onto the grass and then veered back towards the motorway at an angle. This was just before a large sign came into the distance and the Claimant believed it was going to go through the cockpit of the tow truck as it was at head height. The truck hit the sign and wrote off the vehicle. The driver of the tow truck subsequently brought the vehicle to a halt on the hard shoulder. The Claimant’s vehicle which was on the back of the tow truck was written off. The Claimant suspected that the Defendant driver had fallen asleep although this was never formally admitted.
A letter of claim to the Defendant was sent in December 2009 and despite the fact that the Claimant was an innocent passenger, liability was not admitted until some 10 months later.
Medical evidence confirmed that the Claimant had sustained both physical and psychological injury. The physical injuries were confined to soft tissue injuries to his neck, left shoulder and right knee. He underwent physiotherapy treatment and the medical evidence suggested a recovery period of 18 months.
The medical evidence in respect of the psychological injury confirmed that the Claimant had sustained Post Traumatic Stress Disorder in the mild to moderate range and a course of Cognitive Behavioural Therapy/Eye Movement Desensitisation Reprocessing treatment was considered appropriate.
The claim was settled prior to the commencement of court proceedings in the sum of £15,000.00 (prior to the Claimant undergoing the recommended treatment) and, in addition the legal fees were also paid.
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