Cyclist awarded $50,000 as Driver fails to give way

Published 17 Oct 2016

We acted for Mr M who was hit by a motor vehicle whilst riding his bicycle in the South Coast. Mr M was passing through the intersection when a vehicle turned left without giving way and collided into the left side of Mr M’s bicycle. As a result of the accident, Mr M was thrown from his bicycle and suffered serious injury.

Immediately after the accident our client was taken to hospital and had scans performed which showed he had suffered a fracture to his elbow, requiring immediate surgery. Mr M had to take time off from work and suffered out of pocket expenses.

Our client contacted Gerard Malouf and Partners to seek legal advice about his rights and entitlements. Mr M was advised by Senior Personal Injury Specialist, Mr Ray Abbas that he needed to lodge a personal injury claim form within 6 months from the date of the accident with the CTP insurer.

With Mr Abbas’s assistance, a claim was lodged and liability was admitted, thus making our clients claim suitable for assessment under the Claim Assessment Resolution Service (CARS), a body that is set up in accordance with the Motor Accidents Compensation Act to determine the amount of compensation that should be paid by the insurer.

Understanding that our clients injuries were serious, Mr Abbas organised for our client to be assessed by an Orthopaedic Surgeon, an Occupational Therapist and a Psychiatrist to understand the full extent of his injuries and ongoing disabilities, and the impact that they would have on his life. 

The matter was then referred to CARS, however to save our client time and costs, Mr Abbas invited the CTP insurer to participate in an Informal Settlement Conference to give both parties the opportunity to understand the issues in the matter and try to settle it before the CARS process commenced.

An offer was made by the CTP insurer in the amount for $50,000.00, which our client happily accepted. This was a good outcome for our client as the matter was resolved early without the need of incurring high legal costs.

If you have been involved in a similar accident to the one described above then please feel free to contact Gerard Malouf and Partners on our toll free contact number, 1800 004 878 and arrange a no obligation consultation with one of Accredited Personal Injury Specialists.