60 year old woman from Turkey awarded compensation after she was involved in a motor vehicle accident

Published 10 Aug 2017

Our client, Mrs T, who was travelling from Turkey was involved in a motor vehicle accident whilst she was on holidays in Australia visiting her children. Mrs T was a passenger in a motor vehicle which was travelling along a busy road in Wollongong. The vehicle Mrs T was in indicated to turn right into a private business, when suddenly the vehicle behind failed to stop and collided with the rear end of the vehicle Mrs T was in, causing her to sustain significant injuries to her neck, back and arm as well as psychological injury.

Action Taken:

Mrs T was not sure whether she was entitled to any compensation and contacted our Personal Injury lawyers. Upon obtaining instructions from our client to open a file and investigate the matter on her half, a personal injury claim form was lodged against the CTP insurer, AAMI. AAMI admitted liability in this claim, accepting that their insured had breached the duty of care they owed to our client.

As a consequence of the accident, Mrs T was unable to carry out the domestic duties in her normal capacity and the impact of her injuries resulted in an ongoing need for medication, treatment and personal and domestic care and assistance. Whilst Mrs T was an elderly woman and had suffered no economic loss, she did suffer significant injuries, damages and losses.

Whilst Mrs T was still in Australia, arrangements were made for Mrs T to see various medico-legal doctors including an orthopaedic surgeon and a psychiatrist. The medical reports obtained provided evidence that showed the severity of her injuries and the need for ongoing medication, treatment and care.

On behalf of our client we served the medical evidence on the insurer, who did not agree with our evidence. An application was made to the Medical Assessment Services (MAS). However, Mrs T was required to travel back to Turkey so we therefore organised with the CTP insurer for flights to be organised for Mrs T to return and be properly assessed by MAS. MAS determined that Mrs T’s injuries did not exceed 10% whole person impairment threshold and she was therefore entitled to damages for past and future out of pocket expenses and domestic care and assistance.

Understanding that Mrs T wanted the claim settled as she lived overseas, we invited AAMI to participate in an Informal Settlement Conference to discuss the matter. After extensive negotiations, the matter resolved and Mrs T was awarded a reasonable and fair compensation for the injuries, damages and losses she had sustained as a result of the accident.  

Conclusion:

If you have been involved in a motor vehicle accident and have suffered injuries and are not sure about your rights and entitlements please do not hesitate to contact our Personal Injury Accredited Specialists on our toll free number 1800 004 878 and speak to one of our Compensation lawyers who can give you advice in relation to the procedures, the processes and your rights to make a claim.