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Compensation for a disabled pensioner victim of a hit and run accident

17th January 2012

A pensioner, now a double amputee after a road accident, has successfully claimed for compensation despite being knocked over by a car whose driver failed to stop and couldn’t be traced.

Jim Pass, who is 73, was hit by a car while crossing a road in his wheelchair near his home in Ossett near Wakefield in October 2009.

The impact overturned Mr Pass’s wheelchair and threw him on to the ground.  The driver of the car didn’t stop or try to help.

Mr Pass, who had had his left leg amputated two years previously, managed to pull himself back into his damaged wheelchair and somehow got himself home.

Mr Pass, a retired electronics engineer, said: “I was just coming back from shopping at Lidl’s and was heading for a pedestrian island in the road when the car hit me.

“The driver slowed down but didn’t stop and there was nobody to help me up.  I struggled back into the wheelchair.  I remember looking at my right leg and seeing the skin was ripped and thinking that it was going to be sore.  I didn’t realise just how badly it was injured.”

Due to the morphine Mr Pass takes for phantom pain following the amputation of his left leg,  it was only the next day, at the insistence of a friend, that he called an ambulance.

A surgeon at Dewsbury Hospital confirmed the right leg was broken and Mr Pass underwent an operation to put a plate in his ankle.  However, the leg didn’t mend.  Further efforts to heal the injuries by using a brace also failed.  After several months of treatment, doctors decided that the leg could not be saved and Mr Pass agreed to an amputation.

Mr Pass thought that as the driver of the car hadn’t stopped he wouldn’t be able to claim compensation.  However, after family members got in touch with Neil Hudgell Solicitors, personal injury specialist Jane Woodcock took on Mr Pass’s case and applied for compensation through the Motor Insurers Bureau.

Jane Woodcock said: “The majority of road users have appropriate insurance cover to protect someone else if they cause an accident. Unfortunately, some motorists break the law by not possessing this insurance – or by leaving the scene of an accident so they can’t be traced.

“However, as Mr Pass’s case shows, claims for compensation can still be pursued for an uninsured or untraced driver accident, where that driver has been at fault, using the Motor Insurers Bureau (MIB).”

Mr Pass said: ”Being a double amputee, getting about is difficult and having the compensation has made a big difference to my quality of life.  It’s helped me to afford the special equipment I need.”

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*Stuart Hanley

  • The Law Society - Personal Injury Accredited
  • MAMAA
  • Brain Injury Group
  • APIL
  • The Law Society - Clinical Negligence Accredited
  • Brake
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  • MASS