68 year old Punchbowl man is awarded $305,000 in compensation following settlement of his claim for injuries arising from pedestrian vs. car motor vehicle accident

Published 14 May 2018

Gerard Malouf & Partners recently acted for a 68 year old man who was injured as a pedestrian when a vehicle ran over our client, causing injury.

As a result of the accident our client sustained leg fractures and multiple soft tissue injuries and abrasions. His leg injury required surgery and he required months of rehabilitation following the accident before he was able to return home.

The driver of the vehicle at fault did not stop at the scene but fortunately he was located and identified after the fact.

A claim form was served on the insurer and liability was admitted shortly thereafter.

Whilst liability for the accident was not in issue, the level of our client’s injuries were hotly contested. For this reason we submitted our client for assessment by the Medical Assessment Service (MAS), for determination of our client’s whole person impairment.

Our client was assessed as having a 12% whole person impairment rating from MAS. This meant that our client was eligible for compensation for his pain and suffering. Sadly, the insurer appealed this decision and we prepared a detailed reply to the appeal in response.

While waiting for the outcome of the appeal, the insurer unexpectedly invited us to try and settle the claim. The insurer agreed that the negotiations would include an amount for compensation for our client’s pain and suffering.

Negotiations took place over the course of 2.5 hours. We prepared our client for the risk that if the matter did not settle then there was a risk that the MAS appeal would be successful and he would lose his entitlement to compensation for pain and suffering.

Fortunately, we were able to come to an agreement with the insurer and the claim settled for $305,000. There was no claim for economic loss made during the settlement as the Centrelink payback amount would outweigh any figure he would have received for compensation for economic loss.

Our client was pleased with the result. He was relieved that the claim was over and that he would soon have money to resume some treatment, especially hydrotherapy, for which the insurer had stopped paying for many months before.

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.