Courier driver receives of $1,000,000 in compensation following accident on the M7 Freeway

Published 15 Mar 2018

Mr X was driving his courier van as he normally did delivering parcels around the Sydney Metropolitan area. On the day in question he was travelling on the M7 in the far left slow lane when unexpectedly a truck travelling in the opposite direction crossed over three lanes into the medium strip and onto his of the Freeway colliding heavily with his courier van pushing him into the left barriers and rocks. The accident was a horrific accident which left Mr X with multiple significant injuries.

The Police and Ambulance were called and Mr X was taken to hospital where he remained for a lengthy period of time.

Following his discharge from hospital Mr X was taken to a rehabilitation hospital where he had to spend another several weeks.

Mr X’s son contacted our offices to enquire whether his father would be entitled to any compensation.

A hospital visit was arranged immediately.

Action taken:-

Following the hospital visit a personal injury claim form was lodged onto the relevant CTP insurer of the truck who caused the accident. The CTP insurer accepted liability for the accident and started paying Mr X’s medical bills.

Mr X continued to have his treatment by having x-rays, ultrasounds, physiotherapy, consulting with a psychiatrist, further surgery to his legs. He was unfit for work and so he could not return to any form of employment.

His wife was providing a lot of care and doing the things that he us to do around the home such as mowing the lawns, gardening, shopping and also assisting Mr X with his own personal hygiene such as dressing, showering, transportation to medical appointments etc.

When Mr X’s condition had stabilised appointments were arranged for him to be seen by an orthopaedic surgeon, a plastic surgeon, an occupational physician, an occupational therapist, a psychiatrist and a vocational assessment.

The purposes of medical reports were to determine the level of Mr X’s injuries, his need for future ongoing treatment, the effect of the accident on his capacity to return to any work, and the effect of the accident on his need for ongoing domestic care and assistance.

Upon receipt of the reports, they were served onto the insurer and the insurer was asked to concede whether Mr X’s injuries would be greater than 10% whole person impairment. The insurer did not concede and therefore a dispute arose as to the level of Mr X’s impairment which then required an application to the government doctors. That was prepared on Mr S’s behalf and ultimately Mr X’s injuries were deemed to be greater than 10% whole person impairment which therefore meant that he was entitled to pain and suffering as well as all the other heads of damages.

At the settlement conference the insurer was not prepared to offer the right money for Mr X’s injuries and as a result an application had to be lodged with CARS to have the matter assessed by an assessor.

CARS allocated an assessor and ultimately the matter was heard before the assessor who then determined that Mr X’s injuries were severe and awarded him damages accordingly.

Conclusion:-

On occasions the insurer does not acknowledge the severity of someone’s injuries and it is therefore necessary to proceed to a hearing either before an assessor or a judge to obtain the right result. In this particular case the insurer’s offer was some $300,000.00 or $400,000.00 below the correct value of the claim and therefore, Mr X was strongly advised not to accept the insurer’s offer and to proceed to have his case determined. Mr X accepted the advice that was given to him and he subsequently received the correct result.

If you have been injured in a motor vehicle accident and have suffered extensive injuries and you would like a firm who is experienced and aggressive in obtaining the correct result and who does not shy away from running the case to trial, please contact our office on our toll free number 1800 004 878 to arrange a no obligation consultation with one of our accredited specialists.