Insurance company, Churchill, have been given leave to appeal a compensation award to a young pedestrian hit by a car.
A High Court Judge had previously ruled in favour of 16 year old Bethany Probert in the case about an accident that happened in December 2009. She was walking home from a riding stable when she was struck by a car.
Ms Probert was wearing headphones and walking in the darkness on the country lane, but was stood on the grass verge when she was struck. She was thrown into a ditch by the car and the driver had to go back and find her.
Ms Probert suffered serious injuries in the accident that have caused lasting health problems. With the help of her family, she made a damages claim against the insurers of the car and a High Court hearing ruled that the incident was entirely the driver’s fault.
The BBC reports that the insurers have now been given leave to appeal the decision that their driver was wholly responsible. They are thought to be arguing that Ms Probert should have been wearing some form of high-visibility jacket whilst walking on the lane.
The appeal is now set to take place at a later date. Ms Probert is thought to be seeking compensation of over £3million to pay for her ongoing care.