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Ambulance worker knocked down and severely injured



An ambulance worker has been told he cannot get compensation because when he was knocked down by a quad biker it was not intentional.

Victor Brushette, 59, was left in a coma for a week when he was hit by the farm vehicle being driven by James Lewis, 28.


At the time of the collision Mr Burshette was diverting traffic around an earlier accident.

Lewis, who has 20 previous convictions, knocked him down causing him to suffer a punctured lung, eight fractured ribs, and a broken shoulder.


He also suffered such bad leg injuries that he faced the prospect of having one amputated.

The collision happened in Southend, Essex, in May 2010 and Lewis was driving at up to 60mph.

He pleaded guilty to dangerous driving, driving while disqualified and causing grievous bodily harm.

Lewis was jailed for two years and banned from driving for four years.

Mr Brushette tried to claim compensation for the horrific injuries he suffered, but has been told that there is a loophole that says he is not entitled to a payout because the incident was not intentional.

He first went to government agency the Criminal Injuries Compensation Authority, which deals with claims by victims of violent crime, but was then directed to the Motor Insurers' Bureau, which is funded by the motor industry.

Three years on and he has finally been told he is unlikely to ever receive a payout.


Mr Brushette said: 'The guy who did this to me was sentenced to two years imprisonment but he is out now and back with his family.

'I feel like the one who's been given the life sentence. How is that justice?

'It's been three years now and I haven't seen a penny of compensation. I've got to the point where I don't care if I don't get any money - I just want people to see what mess the justice system is.

'I pulled over that day to help people out as that was my job but it ruined my life.'



Nearly fatal: The crash left Mr Brushette with such serious leg injuries that doctors initially feared they would have to amputate both his legs

The ambulance service has been unable to claim any compensation for Mr Brushette because he was not attending a call out at the time.


James Lewis, 28, was jailed for two years and banned from the road for four years after smashing into ambulance worker Victor Brushette in 2010

He is entitled to carry out a civil action against Lewis but he is reluctant to take this course because it could end up costing him more than £25,000 in legal fees and there is no guarantee that he would be successful.

Mr Brushette says the loophole has cost him nearly £15,000 in lost earnings, travel and medical expenses.


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He added: 'It's just so frustrating. I had the best job in the world as I got to help people on a daily basis but now I'm stuck at home unable to work.

'I'm in constant pain and I can't even do the things I used to enjoy like go fishing because of my injuries. My wife has been amazing throughout but she is working every hour that God sends to keep us afloat.

'We're struggling week to week and now I've been told it's unlikely I'll ever get any compensation - it's heart-breaking. I don't know why I am being punished when I am the victim.'

A spokesman for the Criminal Injuries Compensation Authority defended its decision saying: 'We cannot comment on individual cases.

'We compensate blameless victims of violent crime. The Criminal Injuries Compensation Scheme, which is set by Parliament, makes clear we can only compensate someone hit by a vehicle if the vehicle was used deliberately to injure.


'Innocent victims of uninsured or untraced drivers should instead contact the Motor Insurers' Bureau, a company funded by the insurance industry.'


Lucky to be alive: Mr Brushette was told he could not claim compensation from the Ministry of Justice because the accident was not caused deliberately

The Motor Insurers' Bureau said: 'The law requires certain vehicles to be insured for use on the road and the Motor Insurers Bureau was established to ensure victims of accidents involving those vehicles have a route to compensation.

'We received a claim from Mr Brushette on 24 May, 2012 following an accident that took place two years earlier involving a quad bike ridden by James Lewis.

'We need to establish if this is a case in which we will be paying compensation by looking carefully at what happened and also finding out if the vehicle involved was one which required insurance.

'Our investigations are on-going at the moment having only just received certain information from the police.

'Regardless of the eventual outcome of the claim, in recognition of the extent of the injuries suffered by Mr Brushette, we are funding some rehabilitation for him via an expert firm we have instructed jointly with his solicitors.

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