Kogarah mother awarded compensation in a rear end motor vehicle collision late claim

Published 05 Feb 2018

Our client is a young mother who was driving along Gray Street, Kogarah, a suburb of southern Sydney when her motor vehicle was stuck in the rear by another vehicle which failed to observe the traffic conditions ahead. Our client was just driving along, not fast or slowly and the vehicle behind her collided into the rear of her motor vehicle causing damage to her vehicle and resulting in her suffering injuries.

Our client attended to her family doctor and was treated conservatively in relation to her injuries. She had suffered injuries to her neck, right shoulder, lower back and shock from the accident. She thought that she would recover over a reasonable period. She thought that the pains would go away in a short period of time, and therefore did nothing about the claim.

Sometime past after the accident and our client was not aware that she had to report the accident to the Police, due to the ongoing nature of her symptoms she contacted our firm for legal advice. She was advised that she urgently needed to report the accident to the police and lodge a claim form and then provide the insurer with an explanation as to the reasons for the delay in the late lodgement of her claim form. Her claim was almost one year out of time.

The client completed the claim form and her family doctor completed the medical certificate so that the claim form could be lodged with the insurer for the vehicle at fault. The insurer undertook an investigation of the accident but they also requested for a detailed statement from the client to explain her reasons for the late lodgement of the claim form including everything she did from the time of the accident, her treatment from the accident date until the claim form was lodged. A detailed explanation was provided to the insurer and they accepted the claim lodged late.

After the insurer had investigated the accident, they sent a letter admitting liability on behalf of their insured driver stating that their insured driver was at fault and negligent in causing the accident. The next issue was to deal with the client’s medical treatment issues and to investigate the full extent of her injuries and continuing disabilities arising from the accident. Medical evidence was obtained from the client’s treating doctors and specialists and also medico-legal assessment providers.

The medical reports established that the client was suffering from ongoing symptoms as a result of her injuries from the accident. This was disputed by the insurer and therefore it was required to be referred to the government medical doctors to determine the medical dispute between the parties. The government medical doctors found that our client was suffering from permanent impairment as a result of her physical injuries and that she was also suffering from a psychological injury arising from the accident. These assessments of permanent impairment were binding on the parties.

Detailed particulars of our client’s claim were provided to the insurer so as to assist them in being able to undertake a detailed assessment of our client’s claim, including all of the heads of damages of compensation that she was entitled to claim in the matter.

After the insurer had accepted the government doctor’s medical assessments of permanent impairment in relation to the client’s claim, they arranged for an informal settlement conference for the purposes of discussing the medical issues and the value of her claim and her heads of damages that she was entitled to claim for as a result of her injuries and disabilities arising from the accident.

After an informal settlement conference between the parties, the insurer was ordered to pay our client substantial damages in compensation for her injuries, losses and damages arising from the motor vehicle accident.

Our client was quite pleased in the circumstances noting that her claim was lodged late in that she was not aware of her legal rights before she sought legal advice from our firm. Once her claim was lodged and an explanation for the delay in lodging the claim was provided, the insurer was able to accept the claim and allow for it to be examined, assessed and accepted in the usual form. The insurer accepted that their insured driver was negligent in causing the accident and our client’s injuries arising from the accident.

Conclusion:-

If you are a driver of a motor vehicle involved in a motor vehicle accident in which you are not at fault and you have suffered serious injury, you may be entitled to receive fair and reasonable compensation for your injuries due to the negligence of the other driver.

Our client in this case was a young lady with young children and she was driving along when a vehicle travelling behind her failed to observe the traffic conditions ahead and collided into the rear of her motor vehicle causing damage to her vehicle and causing her to suffer injuries to various parts of her body. She was not aware of what her legal rights were and thought that she would recover from her injuries arising from the accident. Over a period of time her condition did not become any better and she sought legal advice from our firm.

We needed to act urgently so as to lodge her claim form as quickly as possible and that included providing the insurer with an explanation as to the reasons for the delay in the late lodgement of the claim form. This was accepted by the insurer and then they had our client medically examined and assessed. Once the assessments were over the medical dispute between the parties was forwarded to the government medical doctors for assessment of the medical issues. The medical assessments came back in favour of our client. These were binding on all of the parties.

Detailed particulars of our client’s claim and the heads of damages of her entitlements to claim were provided to the insurer so as to provide them with an opportunity to consider resolving the matter. The insurer participated in an informal settlement conference before the matter proceeded to a hearing and agreed to pay our client a substantial award in damages for compensation arising from her injuries and disabilities arising from the motor vehicle accident.

Our client was very happy that she was adequately compensated for injuries were not her fault and caused by the other driver and the settlement of the claim was fast, cheap, and quickly dealt with and determined.

Our client felt vindicated after the insurer of the driver at fault was ordered to pay our client a substantial award in damages for compensation in respect of her serious injuries arising from the motor vehicle accident.

For a free no obligation consultation, please contact our toll free number 1800 004 878, so that an appointment can be arranged for you to attend our office to protect your legal rights that you may have arising from any motor vehicle accident in which you are injured and not at fault for due to the negligence or fault of another driver.