Road Shunt Executive Wins £1.5 Million

A high-flying executive whose career was derailed by injuries suffered in a road accident has won more than £1.5 million in damages after the High Court rejected insurers' claims that his severe behavioural, cognitive and physical symptoms were all in his mind.

The man's car was stationary at traffic lights when another vehicle slammed into the back of it at about 30mph. He did not lose consciousness and bore no obvious marks of trauma. The other driver's insurers, whilst accepting liability for the accident, argued that he had suffered nothing more serious than 'insignificant' whiplash, for which he was due damages of no more than £5,000.

However, following a detailed assessment of medical and other evidence, the Court found that he had suffered 'severe, subtle and permanent' brain damage. He has since been dogged by post-traumatic stress disorder and personality and behavioural changes, including 'ballistic temper outbursts'.

The accident was 'not as minor' as the insurers claimed and the Court found that the formerly 'high-achieving, driven' businessman – who had a 'very superior' IQ – has since been unable to attain the 'high intellectual level' he once took for granted. He lost three jobs in the four and a half years after the crash.

The insurers argued that he was psychologically fragile even before the accident and that his symptoms were due to a series of 'upsets in his life', including the death of his mother and his estrangement from his siblings. However, the Court rejected claims that he had exaggerated his difficulties and found that his symptoms of extreme fatigue were 'genuine and not staged'.

Although he might be capable of returning to work on a part-time basis, the man's earning capacity has been reduced by at least two thirds. His payout included £65,000 for his pain, suffering and loss of amenity as well as substantial awards for his past and future loss of earnings and the costs of his treatment. The total award came to £1,590,719.