Significant settlement secured after a motorcycle accident in Spain

The Incident 

Our client, a retired former serviceman in his 70s, had been travelling around Spain on his motorcycle for nearly a month. The accident occurred towards the end of his trip when he was riding along a mountain road and a lorry, travelling in the opposite direction, significantly encroached onto his side of the road. 

Our client had to take emergency evasive action to avoid a collision but, in doing so, entered a ditch on the side of the road, where he collided with a large boulder. This caused his bike to flip over in mid-air, throwing him off at high speed. 

Fortunately, our client was wearing full leathers and a helmet so survived the incident, but he did sustain the following injuries: 

• Fractured ribs 
• A complex fracture to his right wrist, for which he underwent major surgery 18 months post-accident.  

Although the surgery was a success, he has been left with permanent restriction in his dominant hand.  As a result of the traumatic nature of the accident he also suffered PTSD.
 

The Case 

The lorry failed to stop at the scene, resulting in the case being brought against the Motor Insurance Bureau (MIB) who, at the time, was responsible for compensating UK victims of accidents caused by uninsured and untraced drivers in EU countries. 

Application of Spanish law was required due to the location of the accident, making the case even more complex. The team also had to act very quickly when instructed to issue proceedings prior to the end of the Brexit transition period. If they had not, our client would have lost his right to sue the defendant in the English court. 

The defendant refused to settle the case, which meant our client had to go through the stress and expense of a fully contested trial.  

The Case Outcome 

Thankfully our client’s courage in pursuing the case was vindicated when the Court found that the accident was 100% the fault of the lorry and he was awarded significant damages. The hard work from Mike Hagan, Associate Solicitor and Daria Siokalo, Assistant Litigation Executive, in particular helped secure significant compensation from the MIB. 

Following the conclusion of the case Mike said: “Our client only ever wanted fair recompense for what had happened. The defendant made him go to trial, but he showed great courage and composure and I am delighted that the Judge fully accepted his account, which he had given consistently form the outset.” 

Reflecting on the case our client also said: “This was not an easy process, but I was supported all the way by Fletchers Group. They believed in my case from day one and guided me through the process. I feel like although, my hand will never be the same as it was, I can now move on from the accident and try to enjoy the rest of my retirement.”