Byron Bay pedestrian initially settles directly with the insurer for $27,000, but after seeing GMP settles his claim for over $300,000
Published 05 Apr 2016
We recently represented a client who lived in Byron Bay and worked there as a Chef, who was a pedestrian which was injured by a car.
Because of his financial circumstances he settled the claim directly with the insurer which offered him $27,000, within 8 weeks from the accident.
Several months later the young man was still having problems with his fractured foot and decided to contact Gerard Malouf and Partners for the purposes for making an enquiry as to whether anything further can be done.
He spoke initially to Vrege (Reg) Kolokossian and it was clear to us that from the outset the insurer had taken advantage of him because of his desperate financial circumstances.
The young man was employed in Byron Bay as a Chef and had been off work for over 7 weeks because of the fracture to his foot. He needed the money and thought that he could settle his claim.
It was clear however that he did not appreciate the full extent of his injuries and how they would impact on him.
After contacting Gerard Malouf and Partners and speaking to Vrege Kolokossian it was clear to him that he had made a mistake in terms of settling the claim. Vrege contacted the insurer to advise them that they had taken advantage of him and settled his claim without any medical evidence. It was clear that the young man did not know what impact the injury would have on his future and in particularly his employability.
We advised the Insurer that we are reopening the claim notwithstanding that the client had settled directly with them.
After some submissions made by us on his behalf they finally accepted that they had acted incorrectly in settling the claim prematurely.
We then proceeded to obtain full particulars of the clients work history, which confirmed that he had continued working as a Chef and a trained for a period of over 8 years.
We obtained copies of the hospital records and qualified by our own doctors to provide independent medical reports.
The purpose of the medical report is to assess what his current restrictions and day to day disabilities are to look at how these would impact on his continued employment as a Chef or in any occupation which would require him to be on his feet.
We then proceeded to provide the insurer with all irrelevant particulars in support of our client’s claim and in support of the submissions we were intending to make.
Ultimately we prepared detailed submissions outlining the fact that as a young man he was significantly disadvantaged in the open labour market and in particular working as a Chef or any other occupations which required him to be on his feet.
We proceeded to organise a settlement conference with the insurer. The insurer tried to argue that as a pedestrian he was partly at fault. We completely rejected that argument and insisted that the driver of the vehicle was fully at fault. They finally gave in and accepted that the driver was at fault.
Ultimately the insurer accepted our argument and the matter settled for an amount of $300,000.
It is important that you do not settle matters directly with the insurance company as it is in the insurer’s interest to under settle the claims. Insurance claims officers don’t have the necessary experience to fully assess and prepare a claim to ensure that the injured victims rights are fully protected now and into the future.
Insurance claims officers don’t have the requisite training to properly assess the injured victims full entailment and even when they do they undervalue these.
It is only by contacting a specialised personal injury compensation like Gerard Malouf and Partners and speaking to Reg Kolokossian or one of their specialised Solicitors that you can ensure you will receive fair, reasonable and maximum compensation.
Should you have any inquires please do not hesitate to contact our firm or speak to Vrege (Reg) Kolokossian for advice and/or assistance.