Couple compensated for distress and trauma

A couple received 50 times more than initially offered for the trauma they suffered when a car wrecked their home of more than 45 years.

The accident occurred on 26 February 2007 when the defendant was driving through the village that 'Mr & Mrs Smith' live in. He lost control of his car and collided with their home, causing extensive damage.

The damage to the Smith's cottage was such that they had to move out for nine months while reinstatement works were carried out.

They initially stayed with their family, and then rented a holiday let before moving into a mobile home at their property while the building work went on around them.

Mr. & Mrs Smith's claim for repairs to their home was dealt with through their home insurance policy. They were advised, however, that there was no provision for compensation for the distress and inconvenience that they had experienced.

The couple contacted comercrawley and we advised them that they could pursue a claim against the driver's insurers, both for the distress and inconvenience and any other claim such as compensation for personal injury.

While Mrs Smith was not at home when the accident happened, Mr Smith was trapped in the house for about an hour after the collision, initially not knowing what had happened. While he was fortunate to escape physical injury, it became apparent afterwards that he was suffering quite severely from the psychological effects associated with the trauma.

These effects were noticed more by Mr Smith's family as he found it difficult to acknowledge the symptoms that he was suffering from, which included anxiety, lack of confidence and patience, difficulty in sleeping, becoming very emotional and tearful, and mood swings. He also become over anxious about a similar incident re-occurring and his family members being injured as a result.

Through pursuing a personal injury claim, Mr Smith benefited from expert advice from a consultant psychiatrist who diagnosed that he was suffering from a moderate to severe depressive disorder, and advised a course of treatment that included psychological therapy and medication.

We arranged for the insurance company to pay for the treatment, following which Mr Smith returned more or less back to normal. Following the treatment we negotiated a settlement of Mr Smith's personal injury claim that he was extremely pleased with.

The Smiths' claim for compensation for distress and inconvenience was initially rejected by the insurers, who initially merely offered the sum of £100 by way of a 'goodwill gesture'. The claim was eventually settled for a figure 50 times higher than that initial offer.

Mr & Mrs Smith have been extremely pleased with the outcome of their claims. Not only have they achieved good levels of compensation, but Mr. Smith has also received the treatment he needed to help him recover from the effects of the accident. It has been a pleasure dealing with Mr & Mrs Smith, and extremely satisfying to achieve such a positive outcome and to help them put the event behind them.