92 year old woman is awarded $656,000 in compensation from the Claims Advisory Resolution Service after insurer failed to offer reasonable compensation to resolve the claim

Published 03 Apr 2018

Gerard Malouf & Partners were recently successful at CARS (the Claims Advisory Resolution Service) in achieving a massive $656,000 in compensation for our 92 year old client. In 2012 our client was injured in a motor vehicle accident when her granddaughter accidently hit the accelerator instead of the break, causing the vehicle to crash into a nearby home.

As a result of the accident our client sustained multiple fractures which rendered her significantly incapacitated. Due to her age her injuries rendered her immobile and rehabilitation and recovery was extremely slow and painful.

Surprisingly, prior to the accident our client was very mobile and self-sufficient. She was able to live on her own with some occasional help by her daughters for some of the heavier household tasks.

The client came to us some 5 years post-accident. She had spent the years recovering from the accident as well as dealing with the insurance company herself, with the assistance of her daughters.

Throughout the years that she had been unrepresented, the insurer had made little effort to try and resolve her claim, making offensive offers to settle her claim.

Upon instructing Gerard Malouf & Partners, it became evident that this was a significant claim that warranted significant compensation. Even though our client was not eligible for compensation for economic loss, she still was eligible for significant compensation for her pain and suffering, care and treatment needs.

Since the motor vehicle accident our client’s care needs dramatically increased. She became wheel chair bound and required 24 hour care, which had been provided since the accident by her daughters who took turns to live at our client’s home to provide her with the care that she required.

When settlement discussions commenced with the insurer, it was evident that the insurer took the view that due to the claimant’s age she should not be awarded a significant sum of compensation. As we could not resolve this claim with the insurer, we filed this matter with CARS (the Claims Advisory Resolution Service) to have this matter heard by an Assessor.

Our client and her daughter prepared lengthy and detailed statements outlining the difference in her care and treatment requirements both before and after the accident. This was extremely important so that the Assessor could understand the dramatic increase in our client’s care needs as a result of the injuries sustained in the accident, regardless of her age.

Because of the position that the insurer took in respect of the value of the claim, their case was very unprepared. The insurer had had 5 years to collate and collect our client’s medical history and records and have our client assessed but none of this had been done before the matter was filed in CARS.

Fortunately, the parties agreed that a Hearing of the matter would not be necessary and the Assessor would make an assessment of the matter on the paperwork that had been submitted before her.

After a long wait, the Assessor handed down her award, awarding our client fair compensation for her care needs so that her daughters could have some respite knowing that they could pay for good care.

Our client and her family were absolutely ecstatic with the result. The insurer had not offered anything close to the award that they were given and they were very pleased with the result that we had been able to provide for them.

Gerard Malouf & Partners did not discriminate against the age of our client. Knowing that she had significant injuries, even though our client required some care before the accident, we were able to demonstrate that her care needs had significantly increased post-accident.

If you have been injured in a car accident, and you are unsure as to whether your claim will be worthwhile, contact Gerard Malouf & Partners on 1800 004 878 for a free initial consultation to see if we are able to assist you make your claim. We always recommend having legal representation in your motor vehicle accident claim as it can make all the difference.