79 Year Old Woman From Rural New South Wales Compensated After Another Driver Failed to Give Way Causing Accident

Published 01 Aug 2017

In this matter, we acted for a woman who was involved in a motor vehicle accident whilst driving in Nyngan NSW, sustaining a number of physical and psychological injuries.  The accident occurred when another vehicle failed to give way, colliding with the driver’s side of our client’s vehicle.

After suffering substantial injuries in this accident, our client sought assistance from a personal injury lawyer and contacted Gerard Malouf and Partners for legal advice about her rights and entitlements to compensation.

Upon receiving our client’s initial instructions in this matter, our first priority was to lodge her Personal Injury Claim Form with respect to the accident.  This is always our first priority to ensure that our client’s  motor vehicle accident claim is made within the 6 month time limitation imposed by the Motor Accidents Compensation Act 1999 (NSW).

Following the initial instructions we obtained from our client, we began to carry out our own investigations with respect to liability and started collating the medical evidence in support of her claim.

In this matter, the CTP Insurer admitted liability on behalf of the insured driver. Consequently, it was not necessary for our client to prove the CTP Insurer’s responsibility in this claim.

As liability was not in dispute, we focused on obtaining further medical evidence in support of our client’s claim. We subsequently arranged for our client to be examined by an Orthopedic Surgeon and Psychiatrist to obtain expert medical reports which provided an assessment of the nature and extent of our client’s injuries and disabilities. These reports also provided a detailed prognosis of how our client’s injuries and disabilities may continue to impact her life into the future. 

Given the nature of our client’s injuries, we contended to the CTP Insurer that our clients’ Whole Person Impairment would exceed the 10% threshold imposed by the Motor Accidents Compensation Act 1999 (NSW).

In this claim, the CTP Insurer did not concede that our client would exceed this threshold and accordingly, a dispute arose. To have this dispute resolved, we referred the matter to the Medical Assessment Service (MAS) to have our client examined by an Independent Assessor.

After the completion of the MAS process, we had finalised the service of our quantum evidence in our client’s claim. We subsequently invited the CTP Insurer to participate in an Informal Settlement Conference to explore the prospects of resolving her claim.

The CTP Insurer agreed to participate in an informal settlement conference. At the settlement conference, we were able to resolve our client’s claim after extensive negotiations and obtain a fair and reasonable settlement figure for our client’s compensable injuries.  

If you have sustained injuries in a motor vehicle accident caused by the fault of another driver and you are unsure about your potential entitlements to compensation, contact Gerard Malouf and Partners on 1800 004 878 for a free, no obligation consultation.