Woman receives $370,000 in compensation after sustaining neck, chest, back and psychological injuries from Car Accident

Published 11 Aug 2017

Our client, Mrs M was a passenger of a vehicle being driven by her husband. As Mrs M and her husband travelled along a busy road in Sydney, they noticed that there was smoke coming out from the front of their vehicle. As Mrs M tried to investigate the cause of the smoke from the engine, the vehicle rolled backwards. Mrs M was sandwiched between the car door and a telegraph pole, causing her to suffer significant injuries.

Action Taken:

Unaware of her rights and entitlements, Mrs M sought legal advice from our Personal Injury Lawyers. A personal injury claim form was lodged with the CTP insurer, GIO insurance, who accepted the claim and liability providing that she was not at fault for the accident.

As a consequence of the accident, Mrs M was unable to go back to work and her injuries were quite severe resulting in an ongoing need for medication, treatment and personal and domestic care and assistance.

Mrs M was referred to see various medico-legal doctors which included an orthopaedic surgeon, occupational physician, occupational therapist and psychiatrist. The medical evidence obtained on behalf of our client determined the level of any injury she had suffered, the need for ongoing medication and treatment, the impact of the accident on her capacity to work and whether she was going to require any domestic care and assistance around the home in the near future.

The medical evidence was served on the insurer which the insurer disputed. Therefore Mrs M was required to attend further medical appointments that were organised by the insurer.

While her injuries were severe, the medical evidence obtained on behalf of Mrs M indicated that her injuries were less than 10% whole person impairment threshold. Upon reviewing the evidence with Mrs M, she instructed GMP Lawyers to not refer her matter to MAS for medical assessment to ensure that no time was wasted and we reach a settlement as quickly as possible.  

To ensure the matter progressed, a CARS 2A application was lodged to have the matter referred before an Assessor for general assessment. Upon receiving our CARS application, the Insurer then agreed to discuss the matter at an Informal Settlement Conference.

After extensive negotiations the matter resolved in the sum of $370,000.00 after Mrs M advised us to accept this offer on the grounds that it was reasonable and well within the range estimated by our experienced Compensation Lawyers.

Conclusion:

Mrs M was ecstatic with the result as she did not think it was possible for her to achieve such a significant sum of compensation.

If you have been involved in a motor vehicle accident either as a passenger, driver or pedestrian and suffered injury as a result of that, and have lost income or your ability to look after your house hold has been affected, then you could be entitled to some compensation for your injuries. If you would like any advice, then please feel free to contact us on our toll free number 1800 004 878 and arrange a no obligation consultation with one of our accredited personal injury specialists.