North Coast seven year old girl receives compensation after father crashes into a tree

Published 19 Oct 2016

We acted for Ms T who was a rear seat passenger in a motor vehicle being driven by her father and her father fell asleep causing the vehicle to run out of control and crash into a tree. Ms T was not injured in the accident but did suffer some scarring and some psychological injuries

Her mother, Mrs L was unsure as to whether or not her daughter would be entitled to any compensation and she approached Gerard Malouf and Partners seeking advice on this issue.

Action Taken:

Gerard Malouf and Partners advised the mother that her daughter was entitled to a lodge a Personal Injury Claim Form against the CTP insurer that her father was driving. The claim was lodged and it was accepted by the Insurance Company.  Ms T did not have much treatment apart from seeing her General Practitioner a few times and seen a councillor on two occasions. The insurance company invited our offices to a settlement conference and offered to settle the claim in the sum of $20,000.00 plus costs.

Ms T’s mother instructed our firm to accept the offer which was of course subject to Court Approval noting that Ms T was under the age of 18 years and all settlements involving children under the age of 18 years require Court Approval. The matter was listed for Court Approval and the Judge determined that in light of the psychological injuries received and the lack of medical treatment that Ms T had that the sum of $20,000.00 was an appropriate settlement in the circumstances and the Judge approved the settlement.

Conclusion:

If you are a passenger in a motor vehicle or your son or daughter was a passenger in a motor vehicle but did not suffer any physical injuries they may still have rights to claim for psychological trauma.

If you would like some advice please do not hesitate to contact our offices on our toll free number 1800 004 878 and arrange a free no obligation consultation with one of our accredited specialists at one of our many branches.