Insurer Pays Pedestrian $140,000 After Denying Liability for Car Accident

Published 19 May 2017

Our client was a man aged in his late seventies who was a pedestrian hit by a car as he was crossing the road near his home. As a result of the motor vehicle collision our client was knocked unconscious and taken to hospital where he stayed for several days. Our client fractured his leg and arm, suffered internal bleeding and had ongoing symptoms of severe pain and dizziness.

Prior to the accident our client lived on his own and enjoyed an independent life. Although our client was unemployed, he did enjoy volunteering at his local community centre. Our client also enjoyed socialising with his friends and playing lawn bowls. However, due to his injuries, following the accident our client was no longer independent. Our client lost the ability to socialise as readily as he did prior to the accident and he could no longer volunteer or play lawn bowls. This led to our client developing psychological injuries separate from the physical injuries he sustained in the accident.

Our client instructed Gerard Malouf and Partners who promptly completed a claim form and served the document on the relevant CTP Insurer of the driver who caused the accident. The CTP insurer originally rejected the claim suggesting that our client was at fault for the accident. David Cossalter, of our office strongly opposed this.

We filed court proceedings in the District Court of NSW opposing any such assertions and claiming that the driver of the vehicle was at fault. David Cossalter arranged for our client to be medically examined by specialist doctors who assessed the physical and psychological injuries. Our client was assessed as having a Whole Person Impairment of over 20% due to his injuries another issue which was disputed by the relevant CTP Insurer requiring applications to the Governing Body SIRA to ensure that our client received pain and suffering compensation.

Although the defendant insurer initially denied liability in this matter, David Cossalter engaged in extensive negotiations with their representatives and was able to negotiate a contribution factor identifying that our client may have had some involvement in the accident through his own actions.

Regardless of this the discussions resulted in the insurer making an offer of settlement of $140,000.00. Our client was overjoyed with this offer and instructed David to accept the offer.

If you have been injured in a Motor Vehicle Accident, please do not hesitate to contact the experienced Gerard Malouf & Partners Compensation Lawyers for a free consultation on 1800 004 878.