Client with Serious Injuries makes a Motor Vehicle Accident Claim and receives over $574,000 Compensation

Published 18 Sep 2017

Gerard Malouf and Partners was approached by our client who was involved in a Motor Vehicle Accident. She sought advice from Gerard Malouf and Partners about compensation, damages and how her rights could be protected under the Motor Accidents Compensation Act.

Our client had serious injuries which required a significant amount of treatment. Our client was advised that the CTP Insurer had a responsibility to pay for all reasonable necessary treatment expenses and that it was in her best interest to continue to mitigate her loses and have ongoing treatment to try an improve her overall health.

After having our client medically assessed and providing particulars to the CTP Insurer, we waited for an offer of settlement as is required by the relevant Act. The CTP Insurer breached its obligation to convey an offer.

Notwithstanding the above, we were confident that our client’s injuries will exceed the required 10% Whole Person Impairment threshold and for that reason, an application was lodged with the State Insurance Regulatory Authority, to assess our client’s Whole Person Impairment. Our client’s Whole Person Impairment was initially assessed under the 10% Whole Person Impairment threshold however after careful consideration of the report, it was clear to our Expert Lawyers that the assessor had made an error in the assessment conducted. The matter was subsequently referred back to the State Insurance Regulatory Authority’s Medical Assessment Service at which point in time, a request was made for a further MAS Assessment in order to determine the claimants Whole Person Impairment.

In the meantime, we also lodged an application for General Assessment with the State Insurance Regulatory Authority with a view of expediting the claim to bring about a full and final resolution.

After a short period of time, we learnt that our client received Whole Person Impairment Assessment at MAS greater than 10%. The matter then progressed to a General Assessment.

NRMA Insurance instructed Solicitor’s to act on their behalf. Unfortunately neither NRMA nor their Solicitor’s, actively engaged with our office for the purposes of negotiating a good faith and for that reason, the matter proceeding to a General Assessment.

Following the General Assessment that was undertaken, our client was awarded a total amount of $574,680.00 plus $65,263.22 for costs and disbursements including GST. Therefore, the total amount to receive including costs was a total amount of $639,943.22.

Our client was exceptionally satisfied with the result. Whilst our client was disappointed that the CTP Insurer did not engaged actively with our office for the purposes of attempting to resolve the matter she was never the less satisfied with the end result and was extremely grateful to Gerard Malouf and Partners.

Should you wish to read the Certificate of Determination in this particular case, please do not hesitate to contact Gerard Malouf and Partners Mr Garbis Kolokossian and this can be forwarded to you for your perusal.