Travel Accident Case Studies
Please see some of our recent holiday claim case studies below:
£35,240 compensation for crash teen
A young holidaymaker who lost several teeth in a road traffic collision has finally won her battle for compensation – despite the other driver’s insurance company ceasing to trade.
The teenaged girl was badly injured when her face hit the back of the driver’s seat in the collision, which happened on the last day of a family holiday on the Greek Island of Rhodes.
Nicola Simpson, a specialist holiday injuries lawyer with Slater and Gordon, said the young girl had been riding in the back of her family’s hire car as they travelled to a theme park. “As they drove around a corner – on the correct side of the road - there was another car coming towards them at considerable speed, travelling on their side of the road,” she said. “There was no time for either driver to take evasive action, and the result was a head-on collision.
“Even though my client was wearing her seat belt, the force of the collision was such that she struck her face on the back of the seat in front of her,” said Nicola. “She lost three front teeth in the impact, and a wire from an orthodontic retainer broke loose and cut her mouth in several places. In considerable pain and shock and bleeding profusely, she was first taken to a clinic to have the rest of the retainer removed, before an ambulance then took her to the island’s main hospital for further treatment.”
The young girl suffered cuts and bruises to her face, a fracture to her nose and significant injuries to her lips and mouth in the collision. “Although she went to see her dentist immediately after returning home,” said Nicola, “the extent of the bruising and swelling meant that nothing could be done for six weeks. She had to spend all that time with a large gap in her front teeth and had difficulty eating and drinking, as well as feeling very self-conscious about her appearance.”
When the teenager returned to the dentist, impressions were taken so that a partial denture could be made. “Although the gap in my client’s mouth was eventually filled with ‘teeth’ which matched her own, she was incredibly uncomfortable having to wear the denture,” said Nicola. “She was acutely embarrassed, and the denture would sometimes move around or even come out altogether when she ate or spoke animatedly.”
The girl was told that the denture was the only solution that could be offered to her through the NHS, but that other options were available privately. The best of these options, she determined, would be dental implants.
“Dental implants are quite expensive and involve a lengthy process and numerous appointments,” said Nicola. “But as my client was only young and was injured through no fault of her own, I wanted to make sure she received the very best treatment that would make her feel happier about her appearance.”
Nicola said her client also suffered with psychological injuries arising from the collision itself and her subsequent ordeal, becoming anxious and introverted in the immediate aftermath as she was so affected by the loss of her teeth.
“As well as the cost of dental implants and the associated treatment and care, we also recovered sufficient compensation to pay for cognitive behavioural therapy for the young victim, helping her come to terms with what had happened.,” said Nicola. “However the claim was made difficult when the Greek insurer of the second driver involved ceased trading.
“When they went bust, we had to begin our claim again - only this time pursuing it through the Greek equivalent of our own Motor Insurer’s Bureau, known as the Greek Auxiliary Fund or the Guarantee Fund,” she said. “It was a very protracted process but, thanks to our knowledge of European laws and our network of agents across the Mediterranean, we were able to obtain the correct advice and assistance which enabled us to successfully fight for our client.”
Following negotiations, Nicola settled the claim on behalf of her client for £35,240.
“I’m pleased that after the ordeal she was subjected to, we were able to negotiate such a large settlement to enable this young woman to undergo the treatment which will make her feel so much better about herself,” said Nicola.
Woman hit by car in Spain receives £8,300 compensation
A woman who was knocked over by a car on the first day of a family holiday to Spain has finally won her two-year battle for compensation.
The mum-of two had been using a zebra crossing outside her hotel in the southern Spanish resort of Benalmadena when another car collided with a vehicle that had stopped to let the woman and her family safely across, shunting it into her.
Nicola Simpson, a specialist holiday injury lawyer with Slater and Gordon Lawyers, took on the woman’s fight for justice after the defendants refused to admit liability for the incident.
"My client had only been in the resort for a few hours, and was walking back to her hotel with her family,” said Nicola. “She was holding the hand of her youngest son, and when the cars stopped to allow the family to use the zebra crossing, they set off across the road.
“But at that moment another car came around a roundabout, which was around 50 yards or so from the crossing, and crashed into the back of a car that had stopped at the crossing. My client heard the impact and saw the car nearest to her begin to move. She reacted instinctively and thankfully fast enough to push her youngest son - who was between her and the car - out of the way, but there was no time for her to move and the car hit her."
“Because the accident was in Spain, only Spanish law is applicable with regard the issue of liability and the level of damages,” said Nicola. “Firstly, the Spanish insurers said the car hadn’t hit my client that hard, and so she couldn't have had an injury.
“Unbelievably when we presented them with medical evidence to counter this, they tried to suggest the car hadn’t hit her at all. Instead, they made the patently ridiculous claim that ‘she fell over in fright’ when she heard the collision between the two vehicles.”
“When we received no response to this from the defence, we issued court proceedings,” said Nicola. “Although they still denied liability, the insurers changed their tack and agreed to settle our client’s claim for £8,300.
“This injury not only ruined my client’s holiday but left her suffering considerable pain and inconvenience for the months that followed,” she said. “The approach taken by the defence was ridiculous, and dragged the case on for far longer than was necessary. Now that we have been able to successfully resolve the claim, I hope this settlement will go some way towards making up for the distress she has endured.”