Woman hit by car on holiday in Spain receives £8,300 compensation

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Woman hit by car on holiday in Spain receives £8,300 compensation

6th June 2015

A woman who was knocked over by a car on the first day of a family holiday to Spain has finally won her two-year battle for compensation.

The mum-of two had been using a zebra crossing outside her hotel in the southern Spanish resort of Benalmadena when another car collided with a vehicle that had stopped to let the woman and her family safely across, shunting it into her.

Nicola Simpson, a specialist holiday injury lawyer with Fentons Solicitors, took on the woman’s fight for justice after the defendants refused to admit liability for the incident.

“My client had only been in the resort for a few hours, and was walking back to her hotel with her family,” said Nicola. “She was holding the hand of her youngest son, and when the cars stopped to allow the family to use the zebra crossing, they set off across the road.

“But at that moment another car came around a roundabout, which was around 50 yards or so from the crossing, and crashed into the back of a car that had stopped at the crossing. My client heard the impact and saw the car nearest to her begin to move. She reacted instinctively and thankfully fast enough to push her youngest son - who was between her and the car - out of the way, but there was no time for her to move and the car hit her.”

Nicola, a member of the specialist Travel & International Litigation team at Fentons, said that the injured woman declined to go to hospital as she was concerned about paying for medical treatment and having to claim it back on her insurance. “This was the first day of the holiday so she was concerned about being left with a shortage of money for the rest of their stay,” said Nicola. “So instead she persevered through the rest of her holiday with a badly injured leg.”

The woman, who worked as a retail assistant, had sustained a large and painful haematoma – a collection of blood - on her leg. “She suffered severe bruising and the lump in her leg kept swelling up and was very painful,” said Nicola. “Following her return to the UK, doctors told her this was due to flesh coming away from the bone due to the trauma of the impact.”

Nicola said that although the nature of the incident and the circumstances should have made the claim for compensation straightforward, unfortunately that was not the case.

“Because the accident was in Spain, only Spanish law is applicable with regard the issue of liability and the level of damages,” said Nicola. “Firstly, the Spanish insurers said the car hadn’t hit my client that hard, and so she couldn't have had an injury.

“Unbelievably when we presented them with medical evidence to counter this, they tried to suggest the car hadn’t hit her at all. Instead, they made the patently ridiculous claim that ‘she fell over in fright’ when she heard the collision between the two vehicles.”

Nicola said she used Fentons’ network of Spanish contacts to obtain a report which showed that even if - as the defence claimed - the holidaymaker had fallen due to fright, she would still have been able to recover damages for her injuries.

“When we received no response to this from the defence, we issued court proceedings,” said Nicola. “Although they still denied liability, the insurers changed their tack and agreed to settle our client’s claim for £8,300.

“This injury not only ruined my client’s holiday but left her suffering considerable pain and inconvenience for the months that followed,” she said. “The approach taken by the defence was ridiculous, and dragged the case on for far longer than was necessary. Now that we have been able to successfully resolve the claim, I hope this settlement will go some way towards making up for the distress she has endured.”

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims relating to holiday accidents and illness.

If you think that you have a case or require further information, contact Fentons on 0800 019 1297 or fill in the online claims questionnaire.