Van driver receives significant compensation after life-changing crash with taxi

Stephen McIntyre was driving in Ayrshire when he crashed head-on with a taxi that crossed into his lane.

The crash on the A713 Ayr to Galloway road was so serious that the 50-year-old was trapped for nearly an hour as rescue crews freed him from the wreckage.

Stephen was then airlifted to Queen Elizabeth University Hospital in Glasgow and treated for multiple injuries including a fractured spine, dislocated foot and chest injuries.

Although the physical wounds healed he was no longer able to work as a professional driver, was left in constant pain and had problems getting to sleep.

Damage to Stephen’s left leg also left him with mobility issues which impacted his ability to lead a normal life – struggling to even walk his dog.

Stephen said: “As I was coming down the hill a car came round the corner on my side of the road. 

“The airbag was in my face. I remember being taken to hospital in the helicopter and them wheeling me down the Queen Elizabeth’s ramp.

“There’s a broken bone in my back they can’t do anything with and my left foot is the worst – the surgeon said it was left looking like a box of cornflakes.

“I thought I might have been back at work in six months but the doctor said that wasn’t likely.

“The pain. The medication. The changes to your life. I felt like a totally different person after the crash.”

Stephen’s crash was in August 2019 and he came to Digby Brown later that month – that’s when he met Darrell Kaye in our Ayr office.

In this case the insurance company accepted liability and agreed to pay Stephen compensation after the taxi driver was convicted of careless driving.

But even when an insurer agrees to pay damages it is important to make sure the settlement is fair.

As Stephen could no longer work after the road traffic accident, Darrell’s first priority was to secure interim payments – periodical lump sums to help Stephen take care of urgent bills like rent and utilities.

Darrell then gathered medical records, proof of earnings and expert opinions about any future care needs he may have as this information helps work out the value of any claim:

• Stephen could no longer work so he lost earnings and this impacted his pension.
• Mobility issues meant he’d benefit from home adaptations and a carer who could help with domestic tasks.
• And in the future he may be impacted by other medical issues linked to the crash so we argued the compensation should take these future costs into account as well.

In total there were 18 heads of claim for Stephen’s case – and each one was vital in calculating a fair value for his case.

Because compensation isn’t just for your injury – it’s for the impact an injury has on your life and your future.

Although the insurance company agreed to pay damages they made a first offer that Darrell believed was too low.

The insurers then made a second offer which was £200,000 more than the first but this was also refused as it still didn’t align with the value that was calculated.

However a third offer was accepted as this was in line with what a fair settlement would be if it should go to court.

Stephen said: “I knew Digby Brown was the biggest and best.

“Darrell was always there to keep me right. She helped me get upfront payments and considered other things that I might need to aid with my recovery in the short-term or in the future.

“She kept me at ease at all times.”

Darrell said: “Compensation claims are not valued on a mere belief of what is fair - every penny of every head of claim needs to be calculated and only when you have the total figure worked out can you begin to have an idea of what a fair settlement looks like.

“It is important that people negotiate compensation that is fair and not just settle a case because it seems like a lot of money because if you do then you risk not actually being able to pay for the support you need like home adaptations, personal carers or future treatments.

“This really shows why legal advice matters and why people should never accept insurer offers without the proper work being done.”