Penrith bicycle rider wins substantial compensation for roundabout accident with car

Published 04 Jul 2018

Our client was a bicycle rider travelling along a road in Penrith located in the Greater Western Sydney on the banks of the Nepean River. He had entered the roundabout at a major intersection, when another motor vehicle approached his vehicle from his left hand side and failed to give way, clipping the rear wheel of his bicycle and causing him to fall to the ground and suffer injury.

He was conveyed by ambulance to Nepean Hospital where it was confirmed he sustained a fractured right elbow, fractured right wrist, various cuts and abrasions and psychological consequences as a result of the accident. The other driver was issued with an infringement notice in respect of negligent driving. We lodged the claim form with the insurer of the vehicle at fault, and after they investigated the accident, the insurer accepted liability on behalf of their insured driver being at fault for the accident.

Our client had treatment due to the ongoing right wrist pain and x-rays had revealed damage to the cartilage of the right wrist and therefore he underwent an operation to the right wrist. He required a further operation 5 months later. He was left with permanent scarring and loss of use and permanent loss of movement of the right wrist. Due to the deterioration in his condition with his right elbow and right wrist he was referred to an orthopaedic hand specialist for further review and surgery.

The insurer paid for all of our client’s medical and hospital treatment expenses and also provided him an advancement to assist him in managing his financial affairs whilst he was unable to work. We provided detailed particulars and medical reports from our client’s treating doctors and specialists as well as medico-legal assessments which confirm that he was suffering from permanent impairment to his right upper extremity which included the right elbow and the right wrist in addition to the scarring and psychological consequences of the accident.

As a result of the medical dispute, our client was referred to the government medical doctors for assessment purposes. In relation to the psychological injury claim, the government doctor had certified that our client was suffering from chronic adjustment disorder with depressed mood as a result of his injuries arising from the accident. For our client’s physical injuries, the government medical doctor also certified that our client was suffering from significant permanent impairment in relation to his right elbow and right wrist as a result of his injuries sustained in the motor vehicle accident. All of these government doctor medical certificates were binding on the parties and were not appealed and accepted by the insurer.

Our clients claim comprised of compensation for non-economic loss for permanent impairment and pain and suffering, past treatment expenses, future treatment expenses, past loss of wages, future loss of wages, past loss of superannuation, future loss of superannuation, past care and domestic assistance and future care and domestic assistance. We provided the insurer with updated particulars and an assessment of damages in relation to our clients claim. As a consequence of that the insurer was ordered to pay our client a substantial award in damages in compensation for his injuries, losses and damages arising from the accident. Our client was very happy with the outcome of the settlement of his claim.

Conclusion:

If you are a bicycle rider who is involved in a motor vehicle accident and the accident is not your fault but the fault of another driver, you may be entitled to receive compensation for your injuries and permanent impairment due to the negligence of the other driver.

In this case our client was a bicycle rider, riding through a roundabout when the other car clipped the back of our client’s bicycle causing him to fall and suffer serious injury. The other driver was charged with negligent driving. The insurer accepted liability for their insured driver and paid our clients treatment and hospital expenses and once his condition was stable he was assessed for permanent impairment. Once the government medical doctors had determined the level of our client’s permanent impairment the insurer was prepared to participate in an informal settlement conference to resolve the matter. The insurer was ordered to pay our client a substantial award of damages in compensation for the negligence of their insured driver in causing the accident, and our client’s injuries, losses and damages.

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