A 14 year old cyclist receives $900,000 in compensation after being struck on the roadway

Published 28 Jun 2016

We acted for Mr P who was 14 years at the time of the injury. He was riding his bicycle on the road when a vehicle ran out of control and collided into his bike knocking him to the ground and dragging him under the vehicle. As a result of the accident Mr P was transported by ambulance to hospital where he was operated on for multiple injuries including a dislocation injury to his hip, injuries to hand and multiple abrasions.

Furthermore, Mr P developed a psychiatric disorder which affected his schooling and his ability to go out with friends and socialise with the family.

Action taken:-

A Personal Injury Claim Form was lodged on behalf of Mr P with the CTP insurer of the vehicle at fault. The CTP insurer accepted liability for the accident and paid all of Mr P’s treatment costs.

When Mr P’s injuries stabilised he was sent to various Doctors to have his injuries assessed in order to determine what the value of his case was.

The Medical Reports were supportive of his injuries and were sent to the insurance company for their consideration.

The insurance company were not prepared to negotiate and disputed the level of Mr P’s injuries. This meant that the matter had to be referred to the medical assessment service who had to determine what the level of the injuries were.

Appointments were made by the Medical Assessment Service and ultimately the Doctors found that Mr P’s injuries were greater than 10% whole person impairment.

The insurer then wished to discuss the matter at a settlement conference which was convened.

Conclusion:-

After extensive negotiations at the settlement conference, the insurer indicated that it was prepared to pay the sum of $900,000.00 plus costs in order to resolve the matter. Mr P’s mother and tutor instructed us to accept the offer and the Court ultimately approved the settlement stating that it was a reasonable one in the circumstances.

If you have been struck on the roadway either as a pedestrian or whilst riding a bicycle and you are not sure what your rights and entitlements may be, then please do not hesitate to contact us at Gerard Malouf & Partners on our toll free number 1800 004 878 and speak to one of our Accredited Specialists as to what your rights and entitlements may be.