Fairfield man receives $65,000 compensation after being rear ended in a car accident

Published 15 Mar 2016

Mr X was stationary at traffic lights on the 16th February, 2013 when he was rear ended heavily by a vehicle who was travelling behind him who failed to see him and stop in time. As a result of the collision Mr X was transported by ambulance to Westmead Hospital where he was investigated and discharged the same day.

Mr X was unsure as to whether he had any rights to compensation and contacted our offices to seek advice.

Action taken

Mr X was advised that he had a valuable claim for compensation under the Motor Accidents Compensation Act for the injuries arising from his car accident. He was advised that he was not at fault and therefore was entitled to make the claim.

A Claim Form was lodged on behalf of Mr X with GIO Insurance who eventually accepted liability for the accident.

When Mr X’s injuries stabilised arrangements were made for him to be examined by an Orthopaedic Surgeon and a Psychiatrist. His injuries were found to be less than 10% whole person impairment and therefore his matter needed to be resolved with the insurer or needed to be assessed by CARS.

Arrangements were made to discuss the matter with the insurance company who offered $65,000.00 as a total settlement. This represented an excellent result because Mr X had not worked since 1990 due to an earlier back injury and he was receiving care from his partner prior to the accident. The argument therefore was that the accident did not significantly change the circumstances and he is no worse off. For those main reasons the offer of $65,000.00 represented an incredibly generous offer by the insurance company and we considered it to be a great settlement.

Conclusion

Mr X was thrilled with the result noting that he was previously unwell suffering from a very extensive serious back condition which has kept him out of work since 1990. His wife was also looking after him at home prior to the accident and therefore he was not expecting to receive any large sums of compensation.

If you have been involved in an accident and you are unsure as to whether it is worthwhile pursuing then please contact us on our toll free number for a no obligation free consultation at one of our many branch offices.

At Gerard Malouf & Partners we are large enough to fight for your rights but small enough to care intimately about your needs.