Matthew Claxson and Olivia Smith in the Moore Barlow Personal Injury Team acted for a mother who lost her son as a result of a motorcycle collision.
Details of the Incident
Our client’s adult son was riding his motorcycle when a Defendant car pulled out from a junction across his path causing a collision.
The client’s background
Our client lived with her son and daughter who were both adults. The home was mortgaged in the joint names of our client and her daughter. The son contributed by way of rent and doing a fair share of the chores.
Our client’s plan had been that in due course her daughter would move abroad and her son would replace the daughter on the mortgage so paying a larger sum toward the house upkeep. In due course, our client intended for her son to buy her fully out of the mortgage so she could move abroad but the family would still have a base in the UK for the family when they visited.
As a result of the tragic death of the son, with the loss of rental income, our client and her daughter could not afford the mortgage payments. Also, our client’s daughter could not come off the mortgage to continue with her life plan of moving abroad.
The case issues
We were instructed by our client whose son as the motorcyclist had died in the road traffic collision to pursue against the car driver a claim on behalf of her son’s Estate pursuant to The Law Reform [Miscellaneous Provisions] Act 1934 and a claim for loss of dependency pursuant to the Fatal Accidents Act 1934.
This was a somewhat unusual claim in terms of the particular circumstances of the payments in that our client’s son had at the time been paying rent and not as yet entered on to the mortgage. The Defendant in response to this claim argued that at best the claim was speculative and should not succeed.
What Moore Barlow did
At an early stage, witness statements were taken from those persons who could give evidence as to the family plan that absent the road traffic collision the son will have replaced his sister on the mortgage and in time his mother. Statements were taken from his mother, sister and girlfriend.
Also, enquiries were made to obtain bank statements to evidence the contributions the son whilst living at the house had made to the rent and running costs. This exercise was repeated in terms of the mother and sister to demonstrate their payments. We were specifically seeking to prove that without the son’s contribution the family could not have kept the house.
Further, enquiries were made of the son’s earnings via his employer as well as the HMRC to build a case around affordability. In other words, would he on his projected income have been able to afford to take on from his sister the mortgage and running costs.
Finally, we were assisted by evidencing that prior to the road traffic collision the sister and brother had been gathering evidence to put to the mortgage provider to demonstrate that the mortgage company should agree for the son to replace the sister on the mortgage as this indicated intent to implement the client’s plan.
Settlement
The case was put to the insurance company for settlement but they declined to engage causing us to issue Court proceedings in the High Court in London to take the matter to a trial.
As the matter progressed, we invited the Defendant to attend a Joint Settlement Meeting which they initially agreed to attend but two days before cancelled.
The Defendant’s conduct was disappointing leading us to put to them a firm letter setting out the overriding objective requiring the parties to explore Alternative Dispute Resolution before a matter proceeds to trial and that we would be drawing their conduct to the attention of the Court.
The Defendant subsequently engaged in an exchange of written offers in settlement of the claim resulting in our client achieving an excellent financial settlement.
Claim reflection
Matthew Claxson and the team have recently completed a claim for me. This had been over a long period of time but Matthew has been consistent and supportive throughout. His expertise and guidance has been much appreciated and he would often go above and beyond. I highly recommend the team and cannot thank Matthew enough.
Moore Barlow client
I was pleased to be able to bring this case to a conclusion to recover sufficient funds for the family to keep their home. I would encourage insurer’s to consider carefully how they approach cases involving a road death as in this case the insurer’s conduct by failing to engage properly caused further trauma to the family.
Matthew Claxson, Serous Injury Partner
How Moore Barlow can help you
Our personal injury solicitors are specialists in accessing rehabilitation, securing interim payments, and recovering compensation to rebuild lives.
If you have suffered a serious injury and/or bereavement as a result of a road crash, then please contact our solicitors on 0800 157 7611 or send an email to matthew.claxson@moorebarlow.com.
Moore Barlow is a legal panel member for RoadPeace who are a national charity for road crash victims. RoadPeace operate a pastoral care helpline here 0800 160 1069.
