45 Year Old Man From Regional New South Wales Compensated After Head-On Car Collision

Published 14 Nov 2017

In this matter, we acted for a man who was involved in a motor vehicle accident whilst travelling along a main road in regional New South Wales.  The accident occurred as a vehicle travelling in the opposite direction failed to remain in his lane, veering into our client’s path and ultimately leading to a head-on collision with our client’s vehicle. As a result of the impact, our client suffered a number of physical injuries, particularly with respect to his lower back and right ankle.

Following the subject accident, our client was not aware of his right to seek compensation for his compensable injuries, or his obligation to lodge a Personal Injury Claim Form within six months following his motor vehicle accident as required under the Motor Accidents Compensation Act 1999 (NSW). As our client was unaware of this requirement, he had not sought any legal advice or assistance until after the expiration of this six month time limitation.

As our client’s injuries continued to significantly impact on his life, he sought assistance from a personal injury lawyer and contacted Gerard Malouf and Partners for legal advice about his rights and entitlements to compensation.

Upon receiving our client’s initial instructions in this matter, our first priority was to address the issue associated with lodging a Personal Injury Claim Form outside the six month time limitation. This required the preparation of a detailed statutory declaration on behalf of our client providing a full and satisfactory explanation as to the delay in lodging his claim. In this matter, the CTP Insurer subsequently accepted our client’s explanation as to the delay in lodging his Personal Injury Claim Form.

In order to avoid the risk of a motor vehicle accident claim being rejected due to time limitation issues, it is crucial that a Personal Injury Claim Form is lodged within six months following a motor vehicle accident.  

After our client’s claim was accepted by the CTP Insurer, we carried out further investigations with respect to liability and began collating our medical evidence for his claim.

In this matter, the CTP Insurer ultimately 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.

We arranged for our client to be examined by an Orthopaedic Surgeon to obtain an expert medical report in support of our client’s claim. In order to quantify the full extent of our client’s claim, this report provided an assessment of the nature and extent of our client’s injuries and disabilities as well as a prognosis of how they may continue to impact him into the future. 

Upon completion of the service of evidence in our client’s claim, we invited the CTP Insurer to participate in a Settlement Conference to try and resolve the claim before referring the matter to the State Insurance Regulatory Authority for independent assessment.

After extensive negotiations at the settlement conference, we were able to resolve the matter for a fair and reasonable settlement figure which our client was happy to accept.

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.