30 Year Old Woman From Northern Sydney Awarded $260,000 After Sustaining Significant Injuries as a Passenger in a Motor Vehicle Accident

Published 25 Jan 2018

In this matter, we acted for a woman who was involved in a motor vehicle accident whilst travelling as a passenger on a winding road north of Sydney. The accident occurred as the driver was coming around a large corner on a raining night, subsequently losing control and colliding with a pole on the passenger’s side of the vehicle.  As a result of the impact, our client was taken to hospital via ambulance where she was treated for significant physical injuries including soft tissue injury to the back and hip, multiple fractured ribs as well as injuries to her face and head.

After suffering substantial injuries in this accident, our client 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 is always our first priority to ensure that our client’s interests are protected and their motor vehicle accident claim is lodged within the 6 month time limitation imposed by the Motor Accidents Compensation Act 1999 (NSW).

Following the initial instructions we obtained from our client, we began to carry out our own investigations with respect to liability and started collating the medical evidence in support of her claim.

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

As liability was not in dispute, we focused on obtaining further medical evidence in support of our client’s claim. We subsequently arranged for our client to be examined by an Orthopedic Surgeon to obtain an expert report providing 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, including her potential to work in her pre-injury capacity.

Due to the extent of our client’s injuries, her capacity to return to work following the accident was significantly impaired. Accordingly, it was important to obtain detailed records of her income prior to and following the accident, including taxation records, up-to-date pay slips and particulars from her employer. This evidence all enhanced our client’s claim for both past and future loss of income.

After obtaining updated income and financial records in addition to the relevant medical evidence, we had completed the service of our quantum evidence in support of our client’s claim. We subsequently invited the CTP Insurer to participate in an Informal Settlement Conference to explore the prospects of resolving our client’s claim.

After rigorous negotiations at the settlement conference, we were able to resolve our client’s claim with the CTP Insurer and ultimately obtain a fair and reasonable settlement figure of $260,000.00. Our client was very pleased with the result and that her claim could be resolved in a cost and time effective manner.

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.