Nambucca Heads Pensioner Receives Compensation of Over $400,000 for Serious Car Accident Injury

Published 22 Sep 2015

Pensioner in his late sixties was driving along one of the roads in Nambucca Heads early in the morning when a vehicle travelling in excess of 100 kilometres along the Pacific Highway struck the rear of his car. The impact being so severe that our client client’s car rolled several times. The injury occurred along the Pacific Highway just out of Coffs Harbour and our client was immediately conveyed by ambulance to Coffs Harbour Base Hospital where he was admitted and stayed for several weeks.

As a result of the car accident our client sustained multiple injuries to his right arm, chest, back and required extensive periods of rehabilitation.

Providing a service that we do to all regional New South Wales, we were able to immediately travel up to Nambucca Heads and see both our client and his family to provide them with advice as to how he would be eligible to receive compensation under the Motor Accident Compensation Act.

Claims under the Motor Accident Compensation Act are made when a vehicle is at fault and the claim is made directly against the green slip insurer of that vehicle.

There are specific procedural requirements that need to be adhered to including the fact that the accident must be reported to the Police as was the case here and that the claim form must be served on the insurer within 6 months. Both these preliminary aspects were attended to.

As a result of his age, our client’s injuries did take some time to resolve and of course, these were complicated by other health issues that he had.

As part of the service provided to all our regional clients, Gerard Malouf & Partners were able to cover the cost of having our client attend our Doctors for the purpose of being medically examined.

Fortunately, we were able to make arrangements for our client to be seen by one of the Doctors in Kempsey who provided a very detailed Report dealing with all aspects of our client’s injury and his pre-accident history.

Notwithstanding our client’s age ie. over 68 years of age, our client was still fairly active in all walks of life. He drove his own car, he attended to a lot of his own domestic activities and it was these activities that were especially impacted upon by the injury to his hands.

It was clear as a result of the injuries our client required assistance from his family and in particular, his son who needed to move in with him to assist him with his day to day activities.

Ultimately having obtained the necessary medical evidence we were able to prepare detailed submissions as to why our client’s claim was a valuable one in terms of the amount of compensation he should receive.

There was no economic loss claim as our client was a pensioner and was not in any employment. We obtained detailed statements from both the client and family members in support of the level of care that he needed and would continue to need in the future. Our Specialist medical Doctors were requested to address the issue of the level of care that he would require even if his son was not available to provide it. This was important so as to include a claim for paid domestic assistant care at commercial rates.

Armed with this information we prepared detailed submissions which were forwarded to the insurer. These submissions included a component for non economic loss that is, pain and suffering. Based on our client’s injuries, the insurer accepted the fact after arranging for him to be seen by their own Doctors, that our client’s injuries would exceed the 10% whole person impairment threshold. With that information the only other aspect of the claim that needed support was that dealing with the level of past care and in particular, future paid care. This aspect was one of the critical questions that we had asked our Specialist Doctor to address and which he did in the body of his Report. We then arranged for an Occupational therapist to report on our client’s day to day needs.

We then contacted the insurer and inviting them to our offices for the purpose of participating in a settlement conference.

Detailed submissions were prepared by Mr Reg Kolokossian, an Accredited Personal Injury Specialist of this firm. He proceeded to ensure that all the medical evidence and detailed statements in support for past and future care were supplied to the insurer.

Negotiations took place with the insurance company which resulted in our client obtaining a compensation settlement of in excess of $450,000.00.

This clearly supports our view that injuries significantly impact on our elderly citizens and pensioners. In a lot of instances they have retired and moved up to northern and central New South Wales which is one of the major areas that we service realising that these areas have a significant need to have experienced Injury Specialist Lawyers who specialise in compensation claims.

Gerard Malouf & Partners continues to service all major areas between Tweed Heads down to Sydney and has the resources to see clients at their home or in one of our serviced offices in the major regional areas. Reg Kolokossian from the firm says “Distance is no barrier to ensuring specialised legal advice is provided to our clients all up the eastern coast of New South Wales”.

If you or a family member has been involved in a motor vehicle accident you need to ensure that you seek and obtain specialised legal advice from an Accredited Personal Injury Specialist. Gerard Malouf & Partners is there to provide such a service.