Bossley Park high school student received $180,000 compensation following rear-end collision
Published 14 Apr 2016
At the time of the accident Miss T was as 15 year old school girl. She was rear seat passenger being driven home from school by her older sister. The vehicle came to a stop behind a bank of cars at the intersection with Cowpasture Road and Bancroft, Edensor Park NSW. Without warning another vehicle has failed to stop and collided with the rear of Miss T’s car.
As a result Miss T has suffered a 2 centimetre tear to her right hip and was taken to Liverpool Hospital where she remained for 1 week. Miss T underwent keyhole surgery to repair her hip and still remains under review of her treating doctor every 10-12 months. Miss T continued to attend physiotherapy as a result of the accident.
Initially the Miss T’s mother attempted to fight the claim on her daughters’ behalf. However after 3 years without much success she eventually contact Mr Vrege Kolokossian of Gerard Malouf and Partners in December 2014.
Mr Kolokossian wasted no time looking after the interests of Miss T. He quickly organised a conference to have an in depth discussion with Miss T. Shortly after he proceeded with and organised for Miss T to attend an orthopaedic surgeon as well as a neurologist to assess the extent of her injuries.
Throughout this time Miss T continued to require physiotherapy and continued to attend upon her treating doctors. All of which came at considerable cost to Miss T. Mr Kolokossian was able to periodically claim back these expenses from the insurer to further assist Miss T’s transition to her circumstances.
By early September 2015 Mr Kolokossian had sent Miss T to the Medical Assessment Service (MAS) asserting that her injuries overcame the 10% whole person impairment threshold and argued that she should be entitled to compensation for her continuing pain and suffering. Unfortunately Miss T was only assessed at 7% and thus was not entitled to damages for her pain and suffering.
While one head of damage was precluded Mr Kolokossian was still able to make strong submissions in relation to future economic loss, future medical expenses and damages for future required domestic care and assistance.
By February 2016, just over 1 year after coming to see Mr Kolokossian, Miss T attended an informal settlement conference at the insurer’s solicitor’s offices to discuss her compensation claim.
At Gerard Malouf and Partners we pride ourselves on our ability to negotiate matters. Mr Kolokossian was able to negotiate with the insurer and able to convince the insurer to rise $100,000.00 from their initial offer of the day.
The end result was a very happy Miss T walking away with $180,000.00, $80,000.00 more than she had expected and bringing an end to her long journey. To say that she was over the moon with the result would be an understatement.