A court in Scotland has had to determine the settlement of compensation for accident with uninsured driver, after the representatives of a man who sustained brain injuries in a tragic accident could not reach an agreement with the Motor Insurers´ Bureau.
Lord Woolman, at the Court of Session in Edinburgh, heard how Sean Milligan (44) spent 28 weeks in a brain injury rehabilitation unit after being involved in a van accident in May 2004. The driver of the stolen van which hit Sean´s Nissan Micra head-on had been banned from driving and was under the influence of alcohol when the accident happened.
Despite his extended rehabilitation, Sean still suffers from bouts of anger and depression, and finds it difficult to concentrate, balance and walk. As the driver responsible for Sean´s injuries – Mark Lynch – was uninsured, a claim for compensation for accident with uninsured driver was made against the Motor Insurers´ Bureau.
However, no agreement could be reached on how much compensation for accident with uninsured driver Sean should receive, and the case was before Lord Woolman for assessment of damages only. Announcing a decision to award 3.3 million pounds, Lord Woolman stated that the crash had devastating consequences for Sean which were “demonstrated by the fact that he requires round-the-clock care, seven days a week”.