Thompsons successfully argued that the case could be pursued in the state of Massachusetts
A husband of a former civil servant who suffered serious injuries after he was knocked off his motorbike by a U.S citizen while on the Isle of Man has secured significant compensation.
Scarborough man Andrew Ellis, 72, was hit by a car as he was riding to a viewing point for the annual Isle of Man TT race. Andrew was thrown several metres down the road, with the motorcycle landing on top of him. He suffered serious injuries to his right leg, leaving surgeons at Aintree University Hospital in Liverpool with no other option but to amputate it below the knee.
Andrew said: “I used to love swimming, long walks, driving and gardening. Now I’m unable to do any of this. My wife has even had to take early retirement to care for me, but she suffers from arthritis, so it has been tough for both of us.”
Andrew contacted road accident specialists, Thompsons Solicitors, to support his claim. From the offset, the driver’s insurer claimed that Andrew’s case could only be tried under Manx law, despite the fact that the negligent road user was a U.S citizen.
Thompsons Solicitors thought the insurers were deliberately trying to limit Mr Ellis’s potential compensation and an opinion was obtained from a respected US law firm who confirmed that the case could be pursued in the state of Massachusetts, where the driver was from. This view was successfully argued at a formal mediation in the case and Andrew was able to get a more substantial compensation award under U.S law than if it had been tried under Manx law.
"We knew from our experience that there was a potential argument for Andrew to get his case heard under U.S law"
Andrew continued: “The service I received from Thompsons Solicitors was exceptional. They went beyond what was expected so that I could receive fair compensation for my injuries.
“I’ve been able to use the settlement to pay for a mobility scooter and adaptations to my house, meaning I am not completely reliant on my family as I look to move on with my life. I can’t thank Thompsons enough.”
Martyn Gwyther, an expert in foreign jurisdiction legal claims at Thompsons Solicitors, said: “Other law firms may well have bowed to pressure from the insurer and settled for making the claim on the Isle of Man. We knew from our experience that there was a potential argument for Andrew to get his case heard under U.S law and that if he did we could win a more substantial compensation package for him. We are pleased that we were proved right.”
Injured on the roads? Help and compensation is close at hand.
If you’ve been injured on the roads in the last three years, our expert road traffic accident solicitors can support you. Whether you were injured as the driver or passenger in a vehicle, or as a pedestrian or cyclist, you may be able to claim for damages.
Unlike other firms, Thompsons only ever acts for the injured person – never for insurance companies. This means we will fight harder to secure the maximum level of compensation for your injuries, and not try to please motor insurance paymasters.
Contact us today for a free, no obligation assessment of whether you have a claim for compensation following a road accident.
For further information, visit our How to Make A Compensation Claim page.