Cessnock Car Accident Passenger Compensated $50,000 Despite Numerous Hurdles

Published 30 Mar 2015

A Cessnock passenger was thrown out of the rear window of the car in a motor vehicle accident. He sustained multiple injuries to his hands and knees. The young Cessnock man initially did not think he had a claim but, after receiving expert advice from Gerard Malouf & Partners, instructed our firm to lodge a claim on his behalf.

The Cessnock passenger encountered a number of hurdles in his claim. He missed the initial six month deadline for lodging a claim form. It was therefore necessary for us to prepare, in conjunction with our client, detailed submissions explaining the delay. Vrege (Reg) Kolokossian of Gerard Malouf & Partners helped our client to prepare a reasonable explanation for this delay and we were able to successfully have the insurer accept the claim.

Our client then faced issues with liability. The Insurer denied liability as our client had initially believed an unidentified vehicle caused the accident which was incorrect. Vrege Kolokossian helped our client overcome this hurdle as well. He argued that our client had only believed an unidentified driver was at fault because of remarks made by the driver of the vehicle as our client was asleep in the rear of the vehicle at the time. He had infact incorrectly relied on what the driver had said to him. We discovered that it was the driver who had been at fault as he had been driving a deficient vehicle at an excessive speed.

Our client also did not have his seatbelt on which compounded his injuries as he was thrown from the vehicle. The insurer argued that his injuries would not have been as severe if he had been wearing his seatbelt. In fact they argued that he contributed to the injury. However, we were able to successfully argue against some of the insurers claims so as to at least have them accept that it would be preferable to try and resolve the claim.

Noting the difficulties, our client agreed with our advice to proceed to a settlement conference with the insurer. The matter ultimately settled and our client was very happy with the final outcome despite liability having been denied.