Blacktown man receives $130,000 in compensation after being hit by a motor vehicle

Published 20 Aug 2018

Our client, Mr M was sitting in his vehicle in a carpark. As Mr M was in his vehicle, another motor vehicle was driving erratically through the carpark and collided with Mr M’s motor vehicle. As a result of the collision Mr M suffered significant injuries to his neck, back, shoulder, teeth and knee.

Unaware of his rights and entitlements, Mr M sought legal advice from our personal injury lawyers. A personal injury claim form was lodged with the CTP insurer being QBE Insurance. QBE Insurance accepted the claim however, they denied liability, stating that they believed their insured driver was not at fault in this accident because there was no evidence of any injury immediately after the accident.

As a consequence of the accident and the injuries suffered, Mr M was unable to continue working at his full capacity and was forced to reduced his work hours. Mr M was further unable to complete household duties in his normal capacity. Due to the significant injuries suffered, Mr M also required an ongoing need for medication and treatment.

Mr M was referred to an Occupational Physician to assess the impact of his injuries on his capacity to continue working and to earn an income. The evidence obtained from the medical report showed that Mr M would not be able to undertake heavy work tasks and would be restricted to light duties for the future. The evidence also indicated his reduced capacity to perform domestic duties in the future, and the need for ongoing medication, treatment and care.

We served the medical evidence onto the insurer who did not agree with the evidence. An Application was made to the Medical Assessment Service (MAS) for a medical assessment and they determined that Mr M’s injuries did not exceed the 10% whole person impairment threshold. He was therefore entitled to compensation for past and future out of pocket expenses, economic loss and domestic care and assistance.

An informal settlement conference was arranged with the insurer to commence settlement discussions. After extensive and lengthy discussions, the matter resolved in the sum of $130,000.00 after Mr M advised us to accept this offer. Mr M was extremely pleased with the result as he did not think it was possible for him to achieve such a significant amount of compensation.

If you have ever been involved in a motor vehicle accident as either a driver, passenger or pedestrian and suffered injuries affecting your ability to earn an income or complete your household duties, you may be entitled to compensation. If you would like some advice from our experienced compensation lawyers, please do not hesitate to contact us on our toll free number 1800 004 878 to arrange a no obligation consultation with one of or personal injury accredited specialists.