Andrew Moore

The woman was the driver and sole occupant of her car and was on her way to work when she lost control on a relatively straight portion of road, crossing into the opposite lane and striking an oncoming vehicle.

She suffered life-threatening injuries and required hospitalisation for an extensive period of time.

While having no recollection of the incident or how it happened, the woman maintained that she would not have been speeding. Her father was of the belief that there must have been mud or debris on the road that caused her to lose control. 

On this basis, JMK Solicitors lodged a claim with the Motor Insurers’ Bureau (MIB), which handles claims involving potentially uninsured or untraced drivers.

The MIB subsequently advised it would not be making an award as it did not believe there was “evidence to support mud on the road from a singular vehicle causing the claimant to lose control”. It asserted that the incident was her own fault.

Andrew Moore, solicitor with JMK Solicitors and an APIL-accredited senior litigator, appealed the MIB decision on behalf of the woman.

The firm obtained a medical legal report detailing her injuries and statements from a number of witnesses who confirmed a significant amount of mud on the brow of the hill and on the bend in the road.

Mr Moore also instructed an experienced barrister to provide a written opinion which was included in the appeal.

Upon review by the MIB-appointed arbitrator, the original decision was overturned. The arbitrator stated that “the claimant’s car went out of control due to the hazardous material left on the road surface by a single untraced agricultural vehicle that was involved in the trimming of hedges in the area”.

Mr Moore said: “I am delighted with the liability outcome for our client. I look forward to now ensuring our client obtains compensation for both her serious life-changing injuries which she sustained through no fault of her own, and to ensuring she is adequately compensated for the future care that she will require.”