75 Year Old Woman From Central Coast Compensated After Being Hit By Vehicle in Shopping Centre Driveway

Published 19 Oct 2017

In this matter, we acted for a woman who was hit by a vehicle whilst crossing at the entrance to a shopping centre driveway on the Central Coast. As a result of the impact, our client sustained a number of physical injuries to her left side, the most severe of which being her hip injury.

Following our client’s accident, she 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 should always be made a priority to ensure that a motor vehicle accident claim is made within the 6 month time limitation imposed by the Motor Accidents Compensation Act 1999 (NSW).

After obtaining our client’s initial instructions, we began to carry out our own investigations with respect to liability and started collating the medical evidence in support of her CTP claim.

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

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

Upon completion of the service of evidence in our client’s claim, we invited the CTP Insurer to participate in an Informal Settlement Conference to explore whether the parties could resolve the matter before proceeding to refer the matter to the Claims Assessment & Resolution Service (CARS) for independent assessment.

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.