Wollongong resident elects for settlement and received in excess of $25,000

Published 15 Aug 2018

On 18 January 2017 the Claimant was the driver of a vehicle which was stationary at a set of traffic lights in Wollongong. The claimant was hit from behind at speed resulting in a two day stay in hospital and exacerbation to a raft of pre-existing spinal injuries he had sustained from an earlier work place accident. 

The Claimant was unware of his right to make a claim under the CTP scheme and only contacted our office 6 months after the accident had occurred. 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.

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.

This took almost another 6 months to complete and the CTP insurer still failed to provide a determination as to whether or not they accepted liability for the claim. As a result the Claimant was unable to receive any money towards treatment for his injuries.

The Claimant was unemployed and in receipt of Centrelink benefits after being unable to work after a previous work place accident. The Claimant was therefore unable to fund the treatment themselves. The Claimant approached our Mr Hairs requesting that the matter be settled sooner rather than later so that he fund his own treatment.

We explained to the Claimant that this would come at a significantly reduced amount to him. After careful discussions that Claimant decided that it was in his best interests to receive the money now rather than waiting.

Mr Hairs organised a settlement conference with the CTP insurer and was able to settle the claim that day for $25,000.00 which the Claimant was grateful to receive so that he can obtain treatment for his injuries earlier then he otherwise would have.

At Gerard Malouf and Partners we are not a giant publically 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.