Gosford health worker receives over $100,000 in compensation following rear end car accident
Published 30 Mar 2017
While stopped at a red light on the afternoon of 20th September 2013, the Claimant’s Volkswagen Polo was rear-ended at considerable force by a large Mitsubishi Fighter truck that was still travelling at speed. The Claimant suffered a severe whiplash injury which resulted in her being taken to Wyong Hospital Emergency Department.
Following the accident the Claimant developed anxiety, depression and post-traumatic stress disorder.
At the time of the accident the Claimant was working three separate jobs, between working in the local health district and assisting immigrants organise their migration to Australia. Knowing that the Claimant had some considerable time off work, Reg Kolokossian organised for the Claimant’s accountant to prepare a report to identify the losses which the Claimant had sustained over the 2 year period.
Luckily for the Claimant she was able to return to 2 or her three jobs within 6-7 months of the accident.
As well as the economic loss which the Claimant suffered she continued to have to pay for her treatment, medical and medication expenses. Reg encouraged the Claimant to keep all her receipts and periodically forward them to the CTP insurer for reimbursement throughout the process.
An individual is entitled to receive compensation for their pain and suffering if their injury is assessed as being great then 10% Whole Person Impairment. The Claimant was submitted to the Medical Assessment Service (MAS) to see if she would be entitled to compensation for her pain and suffering as the insurer had not agreed to compensate her for her pain and suffering.
Unfortunately the Claimant was assessed as being under the 10% Whole Person Impairment threshold and therefore was not entitled to significant compensation for the pain and suffering which she had suffered and would continue to suffer into the future.
During this process Reg encouraged the Claimant to keep a diary of all the extra domestic activities which her friends and family completed for her since the accident. The Claimant was surprised at how quickly the hours add up. A claimant is entitle to be compensated for the care provided to them if such care is for a least 6 hours per week and for a minimum of 6 months.
It soon became evident that she was receiving over 10 hours per week assistance. Reg forwarded the diary to the insurer and asserted that the Claimant should be reimbursed for free care which she was provided during this period.
A settlement conference was organised with the Insurer. However this did not result in an offer which Reg was willing to advise the Claimant to take.
He then prepared the matter to be assessed by the Claims Assessment Resolution Service (CARS) . At Gerard Malouf and Partners we pride ourselves on our ability to negotiate matters and find a resolution for you, without the need to waste time or incur further costs.
On the day of the assessment hearing we approached the CTP insurer with a further offer in the hope of reducing the any potential costs associated with the CARS assessment.
The CTP insurer accepted our offer and the Claimant was happy to walk away with over $100,000.00 in her pocket. Their offer was a substantial increase on their previous miserly amounts and justified the aggressive nature take by Reg to proceed to an assessment hearing.