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Brain Injury Victim May Now Get Compensation
Posted on Jun 25, 2009
A car passenger may now be able to claim compensation for the serious injuries he sustained in a road traffic accident.
The man, Ben Wilkinson, was in his mother's car at the time of the car accident but the car was being driven by another man, Kieran Fitzgerald, Ben's friend, who was found not to have any insurance.
According to "The Press and Journal", the car crash left Mr Wilkinson with multiple fractures and brain damage, and he now has to cope with emotional changes, physical disability and cognitive impairment.
Churchill, the insurance company of the car, said that Mr Wilkinson was not entitled to compensation for his injuries because he had permitted his friend to drive. However, a recent ruling has ruled that Churchill must cover Mr Wilkinson's friend, in respect of Mr Wilkinson's claim, and that Churchill should not be allowed to recover the amount from Mr Wilkinson.
The judge, Mr Justice Blair, commented: "I consider the insurer's contention in the present case results in the claimant victim being entirely uncompensated for his injuries, which is not a permissible outcome under the directives."
This case means that Ben Wilkinson can now go on to claim compensation for his injuries.