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Chambers and Partners (2014)
Motorbike Accident in France
In November 2006, following a holiday in Spain, Janet Loveridge and her husband, Alan Hesselden, were returning home to the UK by motorbike via Andorra and France. About 20mins north of Andorra, an Andorran driver travelling in the opposite direction lost control on a bend while overtaking.
Although Mr Hesselden did his best to avoid a collision, the car hit the couple’s bike, spinning the bike round and throwing both Mrs. Loveridge and Mr. Hesselden off the vehicle. When the bike hit the road, Mr Hesselden’s leg was pinned underneath it. The couple were taken to a local French hospital for emergency treatment.
Mr. Hesselden, who is self employed, sustained a third degree burn to his right ankle and soft tissue damage and was unable to work for 3 months because of his injuries. He has been left with a permanent scar and discomfort and numbness in his foot.
Mrs. Loveridge sustained a small crack to the inside of her right ankle, as well as tendon and soft tissue damage and was off work for one and a half months. She continues to experienced discomfort in her right ankle and toes.
Liability was admitted by the driver’s insurers and Irwin Mitchell was able to secure interim payments of damages for Mrs. Loveridge and Mr. Hesselden while the full extent of their claims was investigated.
As their motorbike was insured on a third party fire and theft basis only, the couple had leave it in France and make alternative arrangements to travel home to the UK. Once Mr. Hesselden was well enough, he returned to France to bring the motorbike back to the UK. Arrangements were made for inspection of the motorbike in the UK by an engineer who confirmed it to be beyond repair.
As a result, in addition to claiming compensation for their injuries and loss of earnings, Mrs. Loveridge and Mr. Hesselden also successfully claimed for the motorbike’s value and for their motorcycle equipment, which was irreparably damaged in the accident. Damages in excess of £19,000 were recovered.
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