West Ryde grandmother receives $225,000 in compensation following head on car collision
Published 28 Mar 2017
On 11 February 2015 our client was the driver of a vehicle travelling along Kyogle road, Tarragon NSW. Another vehicle was travelling in the other direction. Unbeknown to our client the other driver was influenced by drug and alcohol and has lost control of their vehicle causing a head on Collison with our client.
As a result of the collision our client received fractured ribs, fractured sternum, and fractures to her lumbar spine at L4 and L3 as well as injuries to her right shoulder, right hip and nerve damage to her left leg.
Following the accident our client spent significant time in hospital before undergoing an intensive physio and hydro therapy treatment regime. Our client had extensive use of pain medication which still continues today.
Prior to the accident our client had recently moved into a home with her daughter and grandson where she undertook most of the household domestic chores for her family. She loved this role as it freed up her daughter time to build her career and enjoy her life, our client was independent and had the ability to drive without aid or restriction.
For the first year following the accident the insurance company paid for a driver, domestic cleaner and gardeners to attend our client’s home and provide the domestic chores which she could no longer do.
After the first year the insurer stopped paying for these commercial domestic support people and left our client high and dry. Vrege Kolokossian advised our client that she should engage a gardener and cleaners of her own as he would be able as he would be able to make representations on her behalf that the requirement was reasonable and necessary expenses which the CPT should pay. He was confident based on his experience in other matters that the CTP insurer will reimburse her for the expenses at the end of the claim.
The Claim was submitted to the Medical Assessment Service (MAS) to see if she would be entitled to compensation for her pain and suffering. Unfortunately our client was assessed has being under the 10% Whole Person Impairment threshold and therefore was not entitled to the extra compensation for the pain and suffering which she had suffered and would continue to suffer into the future.
Very shortly after MAS had made their determination Vrege opened up communications with the CTP insurer. Submissions where made outlining our clients case and a first offer was made. Using his decades of experience Vrege was able to masterfully and aggressively negotiate with the CTP insurer to maximise the outcome for the client.
We were able to secure compensation for the Claimant in the amount of over $225,000.00 without having to incur the costs of a hearing before the Motor Accidents Authority.
Should you require assistance please contact our specialists at Gerard Malouf & Partners to advise you and assist you with your compensation claim.