On 5th January 2015 at approximately 18.50 hours the Claimant, Mr Maidens was cycling home from work on his bicycle on A1123 travelling towards St Ives. Mr Maidens was travelling down the A road which was a single carriageway travelling at approximately 17 miles per hour when he was passing a minor road junction to his left when the Defendant’s vehicles pulled out from the minor road impacting with the left hand side of the client’s bike causing him to suffer a nasty fall. The Defendant did stop to assist Mr Maidens but unfortunately he forgot to obtain the vehicle registration driver details.
At the time of the accident it was dark but Mr Maidens did have 2 white front lights one of which was flashing and one rear red light attached to his bike. A passer-by who saw the accident managed to fit the damaged bicycle into their car and then take Mr Maidens back to his home.
Mr Maidens then attended Hitching Brook Hospital where x-rays were carried out and he was diagnosed with a right wrist injury. He had also suffered abrasions to the left eye, both hands and left knee. As is important with all MIB Untraced Claims, Mr Maidens also reported the accident to the police, who confirmed that they would check the CCTV footage nearby to see if they could identify the Defendant vehicle.
Approximately 2 weeks after the accident Mr Maidens noticed that he was having increasing trouble with his right elbow and so he attended Royal Derby Hospital A&E department where he had x-rays and it was identified that he had suffered a radial head fracture of the right elbow.
Express Solicitors were instructed on behalf of the Claimant only a week following the accident and as the Claimant was unable to trace the Defendant’s details a claim form was submitted to the Motor Insurers’ Bureau under their Untraced Drivers’ Agreement that provides compensation for injured parties who had suffered losses at the hands of an untraced third party vehicle.
A full statement was obtained from the Claimant before arranging a medical examination with a Consultant Orthopaedic Surgeon. The Consultant Orthopaedic Surgeon in this case, Mr Shankarappa, confirmed in his report that he had suffered abrasions to his left eye and to both hands that had fully recovered within 2 weeks of the accident with no permanent scarring. He had also suffered an abrasion to his left knee which had healed within 4 weeks of the accident.
In regards to the right wrist fracture the Claimant underwent successful surgery with the bone requiring fixation with a screw. The expert stated that he fully expected Mr Maidens to recover from all his wrist symptoms within 9 months of the accident.
The expert suggested further x-rays to establish how well the right radial head fracture had recovered. These x-rays confirmed that the fracture had healed but Mr Maidens would suffer a permanent lack of full extension of 5 degrees in his elbow joint. In terms of any pain and suffering in the elbow, the expert confirmed that he would expect Mr Maidens to fully recover within 18 months of the accident.
Upon disclosure of the final opinion of the Consultant Orthopaedic Surgeon, the Motor Insurers’ Bureau made an offer to settle Mr Maidens general damages for his pain, suffering and loss of amenity for the figure of £12,500. However upon careful consideration of the medical evidence and legal research carried out in previous case law Express Solicitors successfully agreed a figure of £17,000 for general damages alone.