Dubbo Motor Vehicle Passenger Injured When Girlfriend Swerves for Kangaroo Compensated

Published 07 Sep 2015

A Dubbo man received the sum of $80,000.00 after his girlfriend swerved to miss a kangaroo resulting in loss of control of the vehicle with the vehicle ultimately rolling over and Mr T sustaining injuries to his right hand.

Mr T at first was hesitant to proceed with a claim as he did not believe that he had any major rights that were worthwhile pursuing. Mr T contacted the offices of Gerard Malouf & Partners and he was given advice that not only was his claim very worthwhile and that it ought to be pursued, that he was likely to receive significant compensation.

Mr T instructed the office of Gerard Malouf & Partners to act on his behalf.

ACTION TAKEN

A personal injury claim form was lodged onto the CTP Insurer of his girlfriend’s motor vehicle. When Mr T’s injuries had stabilised arrangements were made to have him assessed by a hand surgeon. The hand surgeon provided a certification that his injuries were greater than 10% whole person impairment. The insurance company did not agree with the medical reports which were served and as such the matter had to be referred to the Medical Assessment Service (MAS) who arranged for Mr T to be medically examined. To our delight Mr T’s injuries were found to be greater than 10% whole person impairment and he was entitled to damages for non-economic loss.

As the insurer had denied liability on the claim proceedings were commenced in the District Court and the Court ordered the parties to discuss settlement.

Arrangements were made to convene a settlement conference and after extensive negotiations the matter resolved for the sum of $80,000.00. The result represented an excellent compromise noting that Mr T’s work history was very poor and that he had been on Centrelink for many years prior to this accident. The other issue was that Mr T was also drinking alcohol and so was his girlfriend so there was an issue that there may have been a significant reduction of contributory negligence had the matter proceeded to Court.

Mr T was thrilled with the result noting that initially he had a lot of reservations about providing instructions to pursue the matter and was grateful that we had pushed him to do so.

CONCLUSION

If you have been involved in an accident as a passenger even when no other vehicle was involved you still have rights against the driver of the vehicle through their CTP Insurer. We are a specialised compensation firm with extensive knowledge in motor accident compensation matters. If you are unsure as to whether or not you have a claim or whether or not your claim is worthwhile pursuing please do not hesitate to contact us on our toll free number 1800 004 878 for a free no obligation consultation with one of our many highly accredited personal injury specialists.