Western Sydney Man Hit by another vehicle while riding his motorbike receives $182,500.00 in compensation

Published 09 Aug 2016

Gerard Malouf and Partners Compensation Lawyers acted for Mr P who was riding his motorbike along a suburban street in Western Sydney when another driver suddenly turned and collided with his motorbike. As a result of the accident our client sustained serious physical and psychological injuries.

Mr P contacted GMP seeking legal advice about his rights and entitlements. Mr Ray Abbas, a Senior Compensation Lawyer explained to Mr P that he needed to lodge a Personal Injury Claim Form against the CTP insurer. With Mr Abbas’s assistance our client lodged his claim form.

Mr Abbas organised for our client to be reviewed by an Orthopaedic Surgeon, a Psychiatrist, an Occupational Therapist and an Occupational Physician as to the nature of his injuries.

While Mr P’s injuries were of a great concern, it was quite obvious that the injuries he had sustained had not just caused him pain and suffering, but impacted Mr P’s ability to enter the workforce. Prior to the accident Mr P had successfully been offered employment at an organisation and would have been earning approximately $1200.00 per week. As a result of the accident, our client was unable to start this new role and suffered past and future economic loss.

Understanding that our client was eager to progress the matter quickly and come to an early settlement, Mr Abbas started the negotiation process early and invited the CTP insurer to participate in a settlement conference. At an informal settlement conference, often referred to as an ISC, both parties meet to discuss the issue in the claim, giving each party the opportunity to put forward a settlement offer. While some matters resolve at an ISC, others continue, giving the claimant the opportunity to strengthen their case and collect further evidence to support their claim.

Offers were made by the CTP insurer, however Mr Abbas, along with a highly experienced Barrister advised our client that the settlement offer made by the insurer would not cover the cost of future medical treatments and out of pocket expenses.

Mr Abbas advised our client that while the matter had not settled at the ISC, it would be good to eventually invite the CTP insurer for a compulsory conference pursuant to Section 89A of the Motor Accident Compensation Act 1999. In the event that the CTP insurer did not respond, Mr Abbas advised Mr P that he would refer the matter to the Claims Assessment and Resolution Services (CARS) for general assessment.

After extensive negotiations with the CTP insurer, the matter resolved in the sum of $182,500.00.  Our client was extremely pleased with the result, as he believed it would have taken years to resolve. Mr P was delighted with the assistance of Gerard Malouf and Partners and was thankful for their willingness to exhaust every opportunity to negotiate a fair sum for him.

If you are unsure as to whether you have any entitlements or if you have been injured in similar circumstances then please feel free to contact us on our toll free number 1800 004 878 for free no obligation consultation at one of our Sydney wide offices. We will ensure that we will fight for your rights and provide you with the quality legal services you deserve.