Miss N – Motor Vehicle Accident Compensation Claim

Published 14 Oct 2010

Miss N was a passenger is a motor vehicle being driven by her mother in New South Wales, when another vehicle failed to stop causing it to collide heavily into the rear of their vehicle.

As a result of the accident Miss N jolted forwards and then backwards and she instantly felt pain in her neck, chest and lower back. She had an immediate onset of symptoms such as head aches, dizziness, nausea and she generally felt unwell.

An ambulance was called to the scene and Miss N was transported to Ryde Hospital where she was treated for her injuries, monitored over night and then discharged.

The following day she went to see her family doctor who referred her to have further investigations and prescribed strong analgesic medications. Her pain and symptoms did not resolve and after 3 months she returned to the doctor who referred her to have some physiotherapy and suggested that she consult with a specialist. Miss N consulted with the specialist and completed her course of physiotherapy; however this has not helped her situation.

At the time she was a student studying a Childcare Course at TAFE. At the same time she held a part time job, which she had to give up following the accident.

She continued with her studies; however the symptoms following the accident slowed her down as she had a reduced capacity to concentrate for long periods of time, sit for lengthy periods of time, had ongoing headaches, felt dizzy and had the occasional nausea.  The doctor’s diagnosis was severe whiplash injury to the neck, bruising from the set belt and a soft tissue injury to the back.

15 months following the accident she returned to work on a full time basis and remained working on a full time basis up until her case was finalised.

We organised her to be medically assessed by various medico-legal specialists including an Orthopaedic Surgeon, a Psychiatrist, an Occupational Physician. All of these doctors assessed her injuries as being less than 10% whole person impairment.

Negotiations with the insurer commenced and the matter could not be resolved informally. As such, it was necessary to lodge an Application with the Claims Assessment Resolution Service who ultimately appointed an Assessor to assess the value of the claim.

We assisted Miss N by preparing her Statements, Submissions, her Schedule of Damages and appeared on her behalf at the Assessment Hearing. The total value of the claim came to $120,000.00. At the Assessment Hearing the insurer offered the sum of $50,000.00 to resolve the case. This was rejected by Miss N and the matter proceeded to a CARS Assessment Hearing before the Assessor.

The Assessor heard all the evidence and provided his written reasons after 14 days. The Assessor indicated that despite the fact that the Claimant returned to full time work she was still experiencing symptoms of head aches, dizziness and her symptoms where affecting her ability to work to full capacity. With that being the case he drew a conclusion that her earning capacity diminished and will continue to be affected in the future. As a result of such a conclusion, the Assessor allowed a cushion for future economic loss in the sum of $60,000.00. He also allowed the sum of $10,000.00 for future medical expenses and he allowed past medical expenses at $10,000.00. The award was therefore a total of $80,000.00 plus costs.

Miss N was very pleased with the result as it represented a victory against a large insurer who was refusing to assess the claim in a proper fashion.