Compensation win helps motorway tragedy widow avoid losing home

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Compensation win helps motorway tragedy widow avoid losing home

7th May 2013

The widow of a man who was killed in a tragic motorway accident has avoided losing her home after she received more than £75,000 in an out of court settlement.

Sukwinder Ark, a specialist serious and fatal injuries lawyer with Fentons, said that the death of her client’s husband was compounded by the fact he had no life insurance in place to cover the outstanding mortgage on their home.

“My client’s husband died in a road traffic accident, leaving her understandably devastated,” said Sukwinder. “But when it transpired he had no life insurance cover, it also put her at very serious risk of losing the family home.”

Sukwinder said that the circumstances of the fatal collision were thoroughly investigated by police, but no criminal charges were ever brought relating to the man’s death. “As the individual driving the vehicle which we believed caused the incident was not insured, we were unfortunately unable to pursue a claim against the driver,” she said. “Instead, in order to protect my client’s future we had to claim against the Motor Insurers’ Bureau – the fund set up specifically to compensate those who are injured or affected by incidents involving uninsured drivers.

“The MIB is a fund of last resort, ensuring that anyone who suffers serious loss or injury through no fault of their own is still able to pursue compensation,” said Sukwinder. “But despite that being the case here, we had to fight for more than three years – and were even preparing to go to trial over the matter – before the MIB would settle my client’s claim.”

Sukwinder said the last few years had been a terrible ordeal for the claimant. “This woman lost her husband and then faced the very real threat of losing her home as a result,” she said. “She showed enormous courage and tenacity in continuing her fight for compensation, and I’m just pleased that were able to come to a successful resolution.”

As the trial date approached, Sukwinder continued negotiations with the MIB. “Because of the difficulty in proving liability based on the known facts, the client agreed to settle the claim for £77,250,” she said.

“Clearly no amount of money can make up for the enormous loss my client has endured. I hope that this settlement helps alleviate some of the financial burden she has felt since this tragic incident, and will enable to her to mourn her loss without fearing for her home, or her future,” she said.

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims for victims and families of those injured in road traffic collisions involving uninsured drivers.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.