Injured Motorcyclist settles claim for $550,000
Published 26 Aug 2014
We acted for Mr P who was riding with a group of friends, heading towards Coffs Harbour on the mid-north coast of New South Wales. During the ride, Mr P was struck from behind by one of the other motorcyclists. He came off his bike and sustained significant injuries. Mr P did not know which motorcyclist struck him and he approached our firm for assistance and advice on whether he is entitled to compensation.
We lodged a Personal Injury Claim Form on behalf of Mr P against the Nominal Defendant because the exact identity of the motorcycle that caused the collision remained a mystery. Ultimately further investigations were carried out and the possible identity of the motor cycle became known. Therefore a second claim form was lodged against the possible motorcyclist that caused the accident. Liability was denied by both the Nominal Defendant and NRMA Insurance Australia Limited, who acted on behalf of the possible motorcyclist driver that caused the collision. Proceedings were commenced in the District Court and after the matter was prepared the insurers invited the Plaintiff to attend a settlement conference at Sydney. After lengthy discussions the insurers made a combined offer of $550,000.00 which Mr P agreed to accept.
We were able to achieve a great settlement for Mr P who was trying to maintain his position and employment prior to the accident. The accident effected his capacity to return to work and so the compensation that was obtained for him enabled him to move on with his life and set up his future financially. Mr P was grateful for our efforts and despite the difficult nature of the case, we did not shy away from the fight and eventually the insurance company caved in under the pressure that was placed on them and they offered the correct money to resolve the matter.
If you were involved in a motor vehicle accident and you are unsure as to whether you may have a claim, particularly if you do not know the details of the vehicle that struck you then a claim may still be made against the Nominal Defendant. Please ring our offices for a free no obligation consultation on our toll free number 1800 004 878.
At Gerard Malouf & Partners we are small enough to provide you with a personalised service and large enough to fight the large insurers in order to achieve the maximum compensation for you.