Bankstown social worker obtains $150,000 in compensation following rear end car collision

Published 27 Apr 2017

The claimant, a Bankstown resident, aged 41 at the time of the accident, was stationary at a set of lights when a Mazda 3 has failed to stop and collided at speed with the rear of her vehicle. The impact was server and thrust her car in a forward motion jolting the claimant.

As a result of the accident the claimant sustained whiplash injury along with extensive disc bulging to her neck, tendonitis to her left shoulder, damage to her lower limbs as well as developing vertigo, tinnitus and migraines.

Before any claim can settle it must first be determined if the claimant is entitled to compensation for the pain and suffering which they have sustained as a result of the accident. This can be achieved in one of two ways.

The first is by requesting that the CTP insurer accepted that the claimant is entitled to compensation for their pain and suffering. The second, if the CTP insurer refused to concede this entitlement is to submit the claimant to the Medical Assessment Service for determination of their whole person impairment.

The Medical Assessment Service is a third Party Government Doctor which makes a determination one a person’s Whole Person Impairment percentage. If the Medical Assessment Service determine that a claimants injuries exceed 10% then the CTP insurer must offer the claimant compensation for their pain and suffering.

The issue is the Medical Assessment Service will decline to assess a claimant if they decide that their injuries are not stable, this is to say that they still might get better or they might get worse.

Due to the extensive injuries which the claimant had sustained we were unable to progress her claim at the speed which we would normally in these types of accidents. It took some years before the claimant reached maximum medical stability.

During this period of the treatment the claimant attended numerous specialist for her injuries, Reg obtained treatment reports from these specialist to discuss the extent of the claimants impairment.

During this time the claimant meticulously document all her expenses. These were periodically forwarded to the CTP insurer for reimbursement so that the claimant was not overly burdened over the period.

Once the specialist had agreed that the claimant had reach maximum medical stabilisation an application was submitted to the Medical Assessment Service to make a determination on her whole person impairment.

Unfortunately the claimant narrowly missed out on overcoming the 10% threshold and was not entitled to damages for her pain and suffering.  But a claim was still made for her past and future economic loss, treatment expenses and domestic care and assistance which was provided to her.

Ultimately this matter settled for over $150,000 before the costly exercise of an assessment hearing was incurred.

If you or your family member have been injured, whether you live in the Bankstown area or any other Sydney metropolitan area, Gerard Malouf and Partners are only a short distance away and we able to ensure you are not disadvantaged and that you receive maximum compensation.