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The passenger injury payout awarded to a man who suffered a catastrophic brain injury in a fatal car crash could be in doubt if solicitors representing the liable insurance company succeed in their appeal to overturn a High Court 100% compensation decision.
The successful claimant, who was 16 at the time of the road accident, received his seven-figure passenger injury payout for concentration, memory, motor and behavioural problems he has developed as a result of the head injury.
However, as he was not wearing a seatbelt, as well as carrying another passenger on his lap, at the time of the accident, insurance company solicitors are hoping to reduce his settlement by 40% on the grounds of contributory negligence.
They have taken the appeal bid to London's Appeal Court and claim to have produced "clear and unambiguous evidence" that the man's failure to wear a seatbelt was a significant factor in the severity of his injuries.
However, the passenger injury compensation claimant's no win, no fee solicitor disputes this, arguing that man "would have just hit a different part of his head on a different part of the car."
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