American resident sustains whiplash injury in NSW car accident, receives $100,000 in compensation

Published 04 Apr 2018

On 10 December 2013 the claimant was the passenger in a vehicle which was involved in a motor vehicle accident where another vehicle has failed to stop at a stop sign and crossed the path of the claimant’s vehicle resulting in a T-bone type collision.

As a result of the collision the claimant was asymptomatic of any injuries for a period of 2 years before he started to notice pain in her neck, shoulders and lower back. During this 2 year period, the claimant was receiving treatment for aggressive cancer due to the medication which he was taking he did not realise the amount of damage which had been done to her in the accident.

The Motor Accident Compensation Act (NSW) states that a Personal Injury Claim Form must be served within 6 months of an accident. The claimant living in America had no knowledge of the NSW motor vehicle accident laws and had no way to ascertain whether or not he could make a claim. It was only when he made comment to her son who lived in Australia were investigations made towards obtaining compensation for her

The claimant first contacted our office in November of 2016. Within 2 weeks, a Statutory Declaration had been prepared and a Personal Injury Claim Form completed and sent to the CTP insurer. The CTP insurer took a hard line in relation to this claim asserting that it was outside of the 6 month period and that they would not make payment for the claim.

Mr Hairs, solicitor for the claimant, wrote many tactical letters to the CTP insurer in which he outlined timeframes which they had missed in order to make this specific dispute of lateness. As a result, he put significant pressure upon the defendant CTP insurer. By creating a serious risk that should this matter proceed to a trial, the CTP insurer would not be able to uphold this defence.

By May 2017, Mr Hairs had obtained all the clinical notes in relation to the client’s injuries. Unfortunately these clinical notes showed very little treatment in relation to her physical injuries sustained in the accident as they were mostly concerned with the client’s cancer treatment.

This posed a significant risk to the Plaintiff, nevertheless in an order to ensure a settlement was reached without the costly expense of a court case, an Informal Settlement Conference was organised between solicitors for the CTP insurer and the Gerard Malouf and Partners.

The defendant solicitors made offers which were within the range suggested to the claimant. Ultimately, the matter settled for $100,000.00 for which the claimant was very grateful to received.

At Gerard Malouf and Partners we are not a giant publicly listed company, but a highly specialised and focused personal injury specialist law firm. We are small enough to care intimately for our clients, but large enough to have the solid financial, and expert resources our clients need to fight and win their cases as evidenced by this matter.