Pedestrian Receives $245,000 After Being Struck By a Car on a Pedestrian Crossing

Published 20 Jan 2014

We acted on behalf of Mrs X who was involved in a motor vehicle accident on 14 October 2010. On 14 October 2010 at approximately 8:45am, Mrs X attempted to cross Walker St on a pedestrian crossing. As she did so, the defendant’s vehicle failed to stop and struck her on her left side causing her to fall to the ground and sustain an injury to her hip and knee.

Mrs X was unsure of the process and so she contacted Gerard Malouf & Partners cmpensation lawyers who assured her that she had an excellent case and assisted her by her completing a personal injury claim form and submitting that claim form onto Allianz Insurance Australia Ltd.

Allianz Insurance Australia Ltd accepted liability for the accident and Mrs X was able to obtain all of her treatment using her claim number that was given to her by the insurer.

When her injuries had stabilised and she had completed all of her investigations, we arranged for Mrs X to be assessed by multiple medico-legal practitioners including an orthopaedic surgeon, a psychiatrist and an occupational therapist. She had not loss any income as she was retired and had not worked for sometime.

Upon receipt of the medical reports, these were served onto Allianz Insurance with an offer of settlement. Allianz would not accept that the percentages provided by the doctors who assessed Mrs X on behalf of the firm were accurate and for that reason a dispute arose which needed to be referred to the medical assessment service for determination. The matter was referred to the medical assessment service (MAS) who allocated independent doctors to assess the plaintiff’s injuries. The MAS doctors agreed that Mrs X injuries were greater then 10% whole person impairment and she obtained an entitlement to claim non economic loss or pain and suffering.

Following receipt of the reports from the medical assessment service, Allianz decided to participate in a settlement conference. Offers were conveyed by the parties and ultimately the insurer agreed to pay the sum of $245,000.00 plus costs. Mrs X was thrilled with the result given that the claim had only taken her 15 months to resolve and she was not expecting to receive anything from it. Mrs X received the sum of $180,000.00 NET tax free from the settlement and was grateful for our expertise and great service.

If you have been involved in a motor vehicle accident or if you were struck as you attempted to cross the road and you are unsure as to whether you may have any compensation rights, please feel free to contact our offices on our toll free number 1800 004 878 to make an appointment to consult with one of our accredited specialist who can advise you of your rights.