30 Year Old Wagga Wagga Man Compensated After Having Foot Crushed Whilst Sitting in Car Passenger Seat

Published 27 Feb 2017

In this matter we acted for a 30 year old man who was injured as a passenger in a vehicle. The accident occurred when our client’s foot become caught in a loose strap left on the floor of the passenger side of the vehicle and hanging outside the passenger door.

As the driver turned left around a corner, the hanging part of the strap become caught around the front left tire, wrapping around our client’s foot and crushing it against the door. As a result of the accident, our client suffered significant injuries to his foot.

Our client sought legal advice from experienced personal injury lawyers with respect to his rights and entitlements and contacted Gerard Malouf & Partners.

As with all our motor vehicle accident claims, we carried out our independent investigations with respect to the issue of liability and the extent of our client’s damages. We obtained a detailed statement from our client, the police report as well as our client’s medical records.

After obtaining initial instructions from our client, we ensured that our client had lodged his Personal Injury Claim Form with the CTP Insurer of the driver allegedly at fault. It is crucial that this is always done within 6 months from the date of the accident as required under Section 72 of the Motor Accidents Compensation Act 1999 (NSW).

In this claim, the CTP Insurer admitted liability on behalf of the insured driver at an early stage so we did not have to prove the other side’s responsibility in the accident further.

As the claim became an assessment of damages, we arranged for our client to be examined by an orthopedic specialist and sought his opinion on how our client’s compensable injuries will impact him into the future. This medical evidence provided by of our expert, together with the treating doctors clinical notes, all assisted in strengthening our client's claim.

The CTP Insurer also requested to have our client examined by one of their doctors who provided a further medical report. The opinion contained in the report by the CTP Insurer's medical expert conflicted with our medical expert report, particularly in relation to future economic loss, future need for treatment as well as past and future necessity for domestic care and assistance.

In order to resolve this conflict, we referred the matter to the Medical Assessment Service (MAS) which involved an independently appointed specialist assessing the extent of our client’s injuries and level of whole person impairment resulting from the accident.

Despite this independent assessment of the extent of our client’s compensable injuries, we were still unable to agree with the CTP Insurer as to the financial damage that the injuries would cause our client. 

Before referring the matter for General Assessment by the State Insurance Regulatory Authority of NSW (SIRA), we were able to arrange an Informal Settlement Conference with the CTP Insurer.

At the settlement conference with the CTP Insurer, we were able to negotiate and agree that our client's position was genuine and reasonable in the circumstances. As a result of our negotiations, our client was happy to resolve his matter and be fairly compensated for his injuries.

If you have suffered an injury in a motor vehicle accident caused by the fault of another driver, please feel free to contact Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation.