17 Year Old Passenger Awarded $105,000 in Compensation After Car Accident

Published 09 May 2017

Miss T, aged 15 years old at the date of the accident, was travelling as a passenger in a motor vehicle being driven by a family member when another vehicle failed to stop and made an illegal right hand turn, colliding into the motor vehicle which Miss T was a passenger in. As a result of the impact of the collision, the vehicle the claimant was in spun around and came to a rest facing the opposite direction. As a consequence Miss T sustained serious physical injuries to her person.  

In addition to Miss T’s physical injuries, her mother immediately noticed a change in the claimant’s behaviour. Miss T was suffering from extreme anxiety and shock which began to impact her social, school and family life.

Miss T’s mother contacted Gerard Malouf and Partners Personal Injury Lawyers to enquire as to whether or not her daughter was entitled to make a claim. Miss T and her mother were advised by our Accredited Personal Injury Specialists that she did have a valuable claim that should be pursued.

Action taken

A conference was arranged with one of our Personal Injury Specialists. Due to the Claimant’s age and legal incapacity, instructions were obtained from the claimant’s mother and a personal injury claim form was lodged with the CTP insurer.

Pursuant to section 81(1) of the Motor Accident Compensation Act, the CTP insurer admitted liability in this matter. However, as the claimant lacked legal capacity due to her age, the claim was exempt for assessment and a CARS 1A application was made by the claimant so formal proceedings could be commenced on her behalf in the District Court against the driver at fault.

When Miss T’s injuries stabilised, medical evidence was obtained from a psychologist, vocational assessor/ rehabilitation counsellor and occupational health, safety & rehabilitation consultant to assess her injuries and her need for future care and treatment.

Upon receipt of the medical evidence, arrangements were made with the Solicitors who acted on behalf of the Defendant to discuss and try to resolve the matter at an informal settlement conference. After reviewing the medical evidence provided by the Plaintiff, the Defendant Solicitors agreed to participate in a settlement conference.

After extensive negotiations between both parties, the matter settled in the sum of $105,000.00 plus costs.

Conclusion

Miss T and her mother were thrilled with the result as they were ready to move on with their lives and leave the accident behind them. Prior to engaging with our firm the claimant and her family did not understand the process, nor did they know that she was entitled to compensation. The amount achieved will assist Miss T in the foreseeable future with her care, treatment and loss of future earning capacity.

If you’re unsure as to whether or not you or your child has a claim for compensation, or if you have been injured in a similar accident then please do not hesitate to contact our offices to seek advice from one of our Personal Injury Lawyers at Gerard Malouf Compensation Lawyers.