Claimant receives $200,000 after loosing a second part-time job following a motor vehicle accident

Published 28 Aug 2014

We acted for Mr B who was involved in a motor vehicle accident on 31 October 2012, when another vehicle failed to stop at an intersection and collided into his vehicle. As a result of the accident, the Police and Ambulance were called and Mr B had to be transported by Ambulance to Westmead Hospital where he was admitted and treated for a fractured left hand.

As a result of the accident, Mr B was unable to return to work to his second position. He had two (2) jobs, he operated his own business and he had a second position as a delivery driver. He lost the second job as he was unable to return to work as a delivery driver due to his hand injury and this affected his income.

Mr B approached the offices of Gerard Malouf & Partners, unsure as to whether he is entitled to any compensation.

Mr B attended our Parramatta offices and he was advised that he was entitled to lodge a Third Party Claim against the CTP Insurer of the other vehicle. A Claim Form was completed and submitted on Mr B’s behalf and after eight (8) weeks the insurer accepted Liability for the collision. Medical appointments were arranged for Mr B in order to assess the level of his impairment. Whilst our doctors certified that Mr B’s injuries were greater than 10% Whole Person Impairment, ultimately the Motor Accidents Authority of New South Wales doctors certified that Mr B’s injuries only amounted to eight (8) % Whole Person Impairment. This therefore meant that Mr B was not entitled to pain and suffering. His claim was limited to past and future treatment expenses, past and future wage loss and past and future care.

A settlement conference was convened at our offices on 22 July 2014 and after extensive negotiations the insurer agreed that whilst Mr B had returned to work and was operating his own business his injury was likely to impede his capacity to earn an income in the future and for that reason they were prepared to make a significant contribution towards economic loss. Ultimately, the matter resolved in the sum of $205,000.00.

Mr B was thrilled with the result noting that his injuries were less than 10% Whole Person Impairment and he had returned to work and was operating his own business. He had even returned to work in a different capacity working as a storeman in a second job however at reduced hours. Despite that fact, the insurer was still prepared to allow a significant amount for wage loss and that is evident in the offer that they conveyed the claimant.

Mr B was happy with the result that was obtained in the quickest possible time and he was relieved that he could now put this accident behind him and move on with his life.

If you are unsure as to whether you have any rights to claim for compensation then you should contact us on our Toll Free number for a free no obligation consultation. We will listen to you and provide you with advice in relation to your legal rights and entitlements. No case is ever too difficult or too small to enquire about so please feel free to contact us on our Toll Free number.

At Gerard Malouf & Partners we are small enough to care about the individual client’s needs but large enough to take on the insurers and run a case to Court if the need arises.