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ATE insurance in action: Personal injury secondary victim claim: Ms X v Mr X

By Shelley Carrick-Forrester, Trainee Underwriter

*Case ongoing at time of writing (May 2025)

What has happened so far?

This case involves a secondary victim claim following a fatal road traffic accident, where the claimant suffered psychiatric injury after witnessing the immediate aftermath. Temple has provided ATE insurance to support the claimant as the case proceeds.

The claim arises from a tragic road traffic accident in March 2020. A pedestrian, a close family member of the claimant, was crossing at a road junction when he was struck by the Defendant’s vehicle. At the time of the collision, the Defendant was travelling at 49 mph in a 30 mph zone and was under the influence of drugs and alcohol.

The family member sustained a traumatic brain injury and other serious injuries. He was taken to Queen Elizabeth Hospital in Birmingham but sadly died shortly after arrival.

The claimant was taken to the hospital where she witnessed her family member in a non-responsive state. She suffered immediate psychological trauma as a result, giving rise to her claim as a secondary victim under personal injury law.

Temple was asked and agreed to provide ATE insurance to Ms X, covering the risk of adverse costs and disbursements in the event that her claim is unsuccessful.

Matter value: £25,000

Case status: ATE insurance policy issued; case ongoing

Team member involved: Peter Cornish, Senior Underwriting

Shelley Carrick-Forrester

Trainee Underwriter
Read articles by Shelley Carrick-Forrester

Shelley Carrick-Forrester

Shelley joined Temple in 2022 just after finishing her Graduate Diploma in Law, which converted her teaching qualification into a law degree.

Initially joining Temple as an Underwriting Support Assistant, Shelley has now progressed to Trainee Underwriter.

Having worked as a medical secretary, before deciding to study law, Shelley has a sound background for working in the area of clinical negligence and personal injury.

She is focused on delivering great customer service with good communication and attention to detail.

 

Read articles by Shelley Carrick-Forrester