American Woman wins $395,000 in compensation after rear-end motor vehicle accident on the way to Airport in NSW
Published 29 May 2018
This matter concerned a 55 year old American citizen who was rear ended whilst in a taxi travelling back to the airport on her way home from holiday here in Australia.
As a result of the accident our client sustained soft tissue injuries to her neck, lower back, both shoulders and right hip. These injuries caused her to develop a psychological injury.
Even though our client was not an Australian citizen, our client was entitled to compensation because the accident occurred within New South Wales and therefore the New South Wales law applied to her at the time.
At the time of the accident, our client was working a registered nurse full time. As a result of the injuries sustained our client took many months off work. She attempted to return to suitable duties part time but eventually stopped work as she was unable to fulfil her duties safely and without significant pain.
Our client travelled to and from Australia when needed to attend doctor’s appointments and assessment by the Medical Assessment Service. Our client strongly believed that her injuries were significant despite the insurer disagreeing with us about whether our client should be entitled to compensation for her pain and suffering (non-economic loss).
Fortunately, our client was assessed by the Medical Assessment Service and received a greater than 10% whole person impairment rating for her physical injuries. This assessment meant that she was eligible for compensation for pain and suffering.
As well as compensation for pain and suffering, our client received compensation for past and future treatment, past and future economic loss and past and future domestic care.
The matter proceeded to a settlement conference wherein our client was represented by a solicitor of Gerard Malouf & Partners.
Negotiations with the insurer occurred over the course of approximately 3 hours. The insurer was not willing to come up to a figure that we could recommend to our client to settle for. We asked the insurer to go back to their management and return to us with their best offer.
The insurer came back to us 3 days later and fortunately we were able to resolve the claim for our client. Our client was relieved and overwhelmed with the result as she was suffering financially as she was not able to work and the bills were piling up.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights to claim compensation from the driver at fault’s insurer. Gerard Malouf & Partners are accredited specialists in motor vehicle accidents and we will fight hard against insurance companies who attempt to reduce your compensation by blaming you in any way for the accident. Call 1800 004 878 to speak to one of our specialist lawyers.