Man receives $300,000.00 in compensation after being struck by a motor vehicle while he attempted to exit his vehicle

Published 20 Feb 2017

We acted for Mr P who was injured when he parked his vehicle on the side of the road and opened his door and prepared to step outside of the vehicle when another vehicle travelling in the same direction drove too close to his door colliding with his body and his door causing him to sustain significant injuries. The driver than failed to stopped and drove off.

Mr P was unsure he was entitled to compensation and contacted the offices of Gerard Malouf and Partners to make an enquiry.

Naturally he was unable to go back to work and his injuries were quite severe resulting in an ongoing need for medication and treatment.

Action Taken:

Mr P was advised to lodge a personal injury claim form against the nominal defendant who is a random rotating insurer who steps in the shoes of the defendant in circumstances where the vehicle that caused the accident could not be identified.

M P was required to conduct due search enquiries which he did by placing an advertisement in the newspaper, placing posters on telegraph poles, calling on witnesses to the accident, by doing a door knock of the residents in the local area to see if they witnessed the accident or saw the vehicle.

The nominal defendant accepted that these actions constituted due search and enquiry and therefore accepted the claim also and accepted liability.

Medical appointment were arranged for Mr P to see various doctors including an orthopaedic surgeon, plastic surgeon and occupational physician, occupational therapist and psychiatrist. The purpose of these reports were to determine the level of any injury suffered by Mr P, any need for ongoing medication and treatment, the effects of the accident on Mr P’s capacity to work and whether Mr P was going to require any domestic care and assistance around the home.

The medical evidence was quite helpful and it was served on the insurance company who contacted the offices of Gerard Malouf and Partners for the purposes of arranging an Informal Settlement Conference to discuss the matter generally.

After extensive negotiations the matter resolved and Mr P was ecstatic with the result.


If you have been involved in a motor vehicle accident either as a passenger, driver or pedestrian and you are unsure if you have a right to compensation, you should contact our offices on our toll free number “1800 004 878” and arrange a free no obligation consultation with one of our accredited personal injury specialists.