Woman receives £100,000 after rear-end crash in Scottish Borders

Sandra McKain was making her way home from work for lunch when she was injured in a car crash.

The 66-year-old stopped at a junction on the southbound lane of the A702 in West Linton when a van started to approach the rear of her car at speed with no sign of slowing down.

The impact caused Sandra’s car to spin into oncoming traffic – resulting in a collision just over 150 yards from her front door.

She said: “I vividly remember looking in my rear-view mirror and nothing was behind me. The next minute this van comes out of nowhere and hits me.

“I later found out my neighbour had actually heard the crash happen from inside their house.

“You never think something like this is going to happen to you…”

The mum-of-two from Dolphinton suffered a fracture to her left arm which required surgical treatment – she also suffered an agonising facial injury which left her with damage to her teeth and permanent scarring to her lips.

Before the crash Sandra was semi-retired working as a pharmacy dispenser two days per week.

She was a keen gardener, enjoyed yoga, walking her dog and socialising with friends.

Recalling her recovery she said: “I had to drink out a straw for the first five weeks because my mouth was in too much pain to eat anything.

“I couldn’t do my gardening, couldn’t walk the dog… I couldn’t bring myself to drive again until 10 weeks after the accident.

“The scarring on my face dented my confidence massively to the point where I didn’t want to see friends.

“My husband, Ronnie, did a lot for me around the house and he helped me wash my hair because I couldn’t lift my arms very well. The first three months were definitely debilitating.”

Shortly after the accident Sandra contacted her local solicitor for advice, but as they didn’t have the right expertise in personal injury law the local firm recommended Digby Brown.

As Sandra was aware of Digby Brown via television adverts had seen adverts she was happy to be referred to the firm where David Nellaney, Partner in our Glasgow office, took on the case.

David investigated the circumstances of the collision and gathered police reports.

This meant David could build a case around the argument that the other driver failed to take reasonable care for Sandra and failed to drive with consideration for other road users.

David also gathered medical records and instructed experts to fully assess the extent and future impact of Sandra's injuries, both physical and psychological, to work out a fair value of compensation.

After meeting with a psychological expert it was thought Sandra could benefit from CBT sessions to help her adjust to life after the accident – not just to build her physical and mental strength but to come to terms with scarring and any new changes to her routine.

Sandra said: “The accident happened so close to home that it was a real struggle for me to get out the house as I had to pass by the scene of the crash.

“I would think about the crash a lot - I was hesitant to go back to work because people would no doubt ask me about it and it'd be like reliving it again.

“But time is a great healer as they say and after being off work for five months I felt like I was ready to get back to some form of normality.”

David made a road traffic accident claim against the insurance company of the van driver.

An initial offer of £75,000 was made to settle the claim however David believed this was too low and on his advice this offer was rejected by Sandra.

A further offer of £80,000 was made which was also rejected.

As a settlement could not be agreed, David raised a court action to secure fair compensation for Sandra. A further increased offer of £92,000 was rejected – however a short time later the insurers got back in touch with a final offer of £100,000 which was accepted.

Sandra expressed her thanks saying: "David simplified everything so we understood what was happening, he really made the whole process as easy and as pleasant as he could.

"I'd 100% recommend Digby Brown and David. We knew he was fighting to get the best outcome and we’re really happy with the result."

David added: “Unfortunately cases like Sandra’s are not uncommon.

“Through no fault of her own she has been left with the effects of injuries that will be with her for the rest of her life. Despite this, she has shown incredible resilience to make the recovery she has.

“I am delighted that we were able to help her secure the compensation she deserves. I wish her all the best in the future.”

The van driver was charged by police with careless driving and causing serious injury to which he pled guilty. He was given a 12-month driving ban and 100 hours community service.