'I was left for dead in hit and run – but it was just the start of four-year legal hell'
Ramona Cerbu, 46, was suddenly struck by a car while on a pedestrian crossing, dragged, and run over by an unknown driver - leaving her seriously injured and needing 30 operations
by Zahra Khaliq · The MirrorA woman who was left to die after being struck in a hit-and-run was refused Universal Credit - despite the crash leaving her bedbound and forced to undergo 30 operations.
Ramona Cerbu has since been awarded more than £34,000 after a gruelling four-year legal battle with the Department for Work and Pensions (DWP) over their refusal to pay her the benefit. The 46-year-old was on her way to meet a friend in Walthamstow, East London, five years ago, when she was suddenly struck by a car while on a pedestrian crossing, dragged, and run over by an unknown driver.
Without the support, Ramona went hungry some days - and was even forced to eat out of date food, including mouldy bread - on top of being bedbound, suffering from incontinence and becoming severely depressed. The crash left her with a broken back and pelvis, and meant she had to be resuscitated and undergo more than 30 operations.
Ramona, who is originally from Romania and had pre settled status to be in the UK, applied for Universal Credit to help her survive but the DWP refused as she did not have settled status - which can only be acquired after working or exercising another EU right in the UK for five continuous years.
She was then forced to live with family who also could not afford to maintain her. Ramona didn't have the funds to cover the costs of her sanitary products and spiralled into depression, attempting to take her own life three times.
The 46-year-old, who now lives in Preston, Lancashire, reached out to social care and public law experts Osbornes Law to appeal against the decision - after they managed to secure exceptional case legal aid funding, since legal aid does not usually cover welfare benefit appeals to the First Tier Tribunal.
The First Tier Tribunal ruled in Ramona’s favour as they said her case was so serious that her fundamental rights to human dignity and prohibition from inhuman or degrading treatment had been violated.
Ramona said: “Living like that was humiliating and degrading. Instead of being a help to my family like I had my entire life, I was a burden. There were some days when I went hungry and times when I had no choice but to eat out of date food, like mouldy bread. I remember wearing the same t-shirt for three months, because we had to prioritise the little money we had for heating, light and food.
“I needed underwear and personal hygiene items, especially because of my incontinence, but I could not afford to buy them. It was so difficult to survive and manage. I was ashamed. I suffered from severe depression and tried to take my life three times.”
The Tribunal criticised the DWP for failing to assess Ramona’s individual circumstances and to consider her right to human dignity under the EU Charter. The Tribunal decided that she should have been granted UC when she applied back in 2020, and awarded her £34, 405.70 in backdated payments.
Ramona added: “I am so relieved at this outcome. After every appeal was rejected, I would cry and the future seemed dark. Light has finally returned to my life. To all who are in the middle of this fight, please do not give up. We are humans, we should be trying to help each other, not hurt each other. I am thankful I am being seen as a human again.”
Sam O’Flaherty, a solicitor from Osbornes Law who represented Ramona, said: “The brutal hit and run not only left Ramona unable to walk, it also stole her dignity and her ability to fend for herself. Despite this the DWP refused to help her, even though the law required her fundamental rights to be properly considered. I am grateful that the Tribunal ruled in Ramona’s favour and now hope she can start to rebuild her life.”
A DWP spokesperson said: “We support millions of people every year and our priority is that they receive a supportive service and get the benefits they are entitled to as swiftly as possible.
“We are learning from appeals and working to improve our processes and decision making.”