Blacktown front seat car passenger awarded substantial damages in accident as a result of out of control motor vehicle

Published 21 Sep 2017

Our client was a front seat passenger in a motor vehicle driven by the insured driver along Wilberforce Road, Wilberforce towards Windsor which is located in the North West of Sydney in the City of Hawkesbury region.

The driver of the insured motor vehicle lost control of the motor vehicle resulting in the vehicle rolling a few times before it came to rest. Our client was from the Prospect region which is in the City of Blacktown area.

There was a number of passengers in the vehicle and our client was the one that was significantly injured in the accident. She had suffered neck and back injuries. She was transported by Ambulance to Nepean Hospital for treatment with fractures of her neck. Our client was an elderly lady travelling with some family friends to the Windsor region for the day when the accident occurred.

The accident was considered a major motor vehicle accident considering that the driver lost control of the vehicle resulting in the vehicle rolling a number of times before it came to a stop. Fortunately, nobody was killed in the motor vehicle accident.

Our client consulted us for advice in relation to the accident. We lodged a claim form with the insurer for the vehicle at fault. The insurer undertook a thorough investigation of the accident and they accepted liability on behalf of their insured driver who was held to be at fault for the accident for losing control of his motor vehicle and speeding at the time of the accident.

Our client sustained a number of injuries to her neck and back and in particular, the fracture of her neck was the most debilitating part of the accident. She also suffered injuries to her mid spine, lower back, her left shoulder, right shoulder and psychological injury.

After our client’s treatment had been completed we arranged for her to be independently medically examined and assessed for assessment purposes.

We provided detailed particulars to the insurer as to the various heads of damages being claimed in relation to our client’s claim including non-economic loss for permanent impairment and pain and suffering, past and future treatment expenses and past and future care in the matter. Our client was elderly and there was no claim for loss of wages.

The insurer arranged for our client to be independently medically examined and assessed. Their medical reports were close to the threshold but they were not prepared to pay our client permanent impairment and pain and suffering. We challenged them in relation to that aspect of the claim.

Our client was referred to the government doctors to determine the medical issues in dispute and the percentage of permanent impairment in relation to her injuries. It was our contention that her percentage of permanent impairment was very high as a result of her injuries and disabilities arising from the accident.

The government doctors provided medical expert reports to both parties in which our client was provided with a very high assessment in relation to her physical injuries and physical permanent impairment and also a determination that she was suffering from a significant psychological injury arising from the motor vehicle accident. Both of those government doctor assessments entitled our client to receive an Award for permanent impairment and pain and suffering. The insurer did not dispute these assessments of permanent impairment.

As a result of the government doctor findings, the matter proceeded for assessment purposes. The insurer arranged for a settlement conference for the purposes of resolving our client’s claim. Over a period of time we were able to negotiate a settlement of the claim where our client was awarded a substantial award in damages in compensation in her favour for her injuries, losses and damages arising from the motor vehicle accident. The insurer clearly came to the realisation that our client’s significant impairment warranted and entitled her to a substantial award of damages in respect of her claim.

Our client was extremely satisfied with the outcome and settlement of her claim and felt justified that justice has served its purpose in that she was entitled to a substantial award of damages in compensation because of her significant injuries arising from the motor vehicle accident.

Conclusion:-

If you are a driver, passenger or even a pedestrian who was involved in a motor vehicle accident in which you are injured and you are not at fault, you may be entitled to receive compensation for your injuries, losses and damages arising from the motor vehicle accident.

In this case our client was a front seat passenger in which the insured driver lost control of the motor vehicle resulting in the motor vehicle rolling a number of times before it came to rest. It resulted in our client suffering a fractures of her neck amongst other injuries. After she had received her treatment and her condition had stabilised, we arranged for her to be independently examined and assessed as did the insurer.

Due to the medical dispute, our client’s matter was referred to the government doctors for assessment purposes. The government doctors certified that our client was suffering from significant impairment as a result of her injuries arising from the motor vehicle accident. This ensured that our client would receive an award for pain and suffering.

The insurer did not dispute the findings of permanent impairment in favour of our client and agreed to resolve the client’s claim and was ordered to pay our client a substantial award in damages in compensation arising from her injuries, losses and damages from the motor vehicle accident.

For a free no obligation consultation, please contact our toll free number on 1800 004 878 so that an appointment can be arranged for you to attend our office to protect any legal rights that you may have arising from any motor vehicle accident.