Court Awards Compensation for Car Crash Back Injury

A woman, who developed chronic pain in her back following a road traffic accident caused by a driver attempted to undertake her, has been awarded 18,000 pounds in compensation for car crash back injury by the Court of Session in Edinburgh.

Fiona Dickie (24) from Tranent in East Lothian, made the claim for car crash back injury compensation following her accident with Mohammadreza Khandani on Edinburgh’s South Clerk Street in April 2009. It was alleged in the action that Fiona had been driving home from working at a promotional event when Mr Khandani attempted to undertake her vehicle, causing an accident to occur which resulted in Fiona suffering chronic back pain whenever she attended charity events wearing high heels.

It was explained to the Court of Session that despite her injury Fiona had won a Miss Edinburgh competition in 2010 and – in her role as a pageant winner – regularly attended charity functions. As these charity functions were formal affairs, Fiona made the effort to look her best, which included wearing high heels despite the consequences.

The Court also heard that, following her accident with Mr Khandani, Fiona had gone home and phoned NHS24 who advised her to consult her family GP. Fiona was referred by her family doctor for physiotherapy where she was diagnosed with chronic back pain attributable to the injuries sustained in her car accident.

Although Mr Khandani had admitted liability for causing the accident and Fiona´s injuries, Judge Gordon Reid QC was told that his insurers were disputing the amount claimed in compensation for a car crash back injury. Whereas Mr Khandari´s insurers were prepared to settle Fiona´s claim for an amount up to 3,000 pounds, Fiona´s solicitors had requested that the judge award a figure which took into account the consequences of Fiona´s injury to her quality of life in relation to the charity work she performed.

Stating that “[Fiona] has displayed a commendable attitude to work, life in general, and to her continuing back pain in particular” and that “this is not the conduct of a malingerer or someone who is seeking to secure the most compensation possible for her injuries”, Judge Gordon Reid QC awarded Fiona a total of 18,281 pounds in compensation for her car crash back injury.