Pedestrian receives $425,000 in compensation after being hit by a motor vehicle

Published 21 Aug 2018

We represented Mrs T who was involved in a motor vehicle accident in 2014. Mrs T was a pedestrian walking across a pedestrian crossing at a busy intersection when a motor vehicle failed to stop and hit our client, causing injuries to her head, neck, shoulder, back, knee and lower leg, as well as psychological injury.

Mrs T lodged her own personal injury claim form with AAMI Insurance. AAMI Insurance accepted the claim and liability. She contacted the offices of Gerard Malouf & Partners for advice.

Mrs T’s injuries were quite severe and she required ongoing treatment and medication.

Mrs T was referred to see various Doctors including an Orthopaedic Surgeon and an Occupational Therapist. The purpose of these Reports were to determine the level of any injuries suffered by Mrs T, any need for ongoing and further treatment, whether Mrs T was going to require any domestic care and assistance around the home at the present and in the future. The medical evidence was served on to the insurance company.

As a result of her severe injuries, we wrote to the insurance company, on Mrs T’s behalf, advising that we believed her injuries would exceed the 10% whole person impairment threshold required for her to receive damages for pain and suffering. The insurer agreed with us and Mrs T was then entitled to damages for pain and suffering.

A CARS 2A form was lodged however, the insurer then agreed to discuss the matter at an informal settlement conference. After excessive negotiations the matter resolved in the sum of $425,000.00. Mrs T advised us to accept this offer. Mrs T was ecstatic with this result.

If you have been involved in a motor vehicle accident either as a passenger, driver or pedestrian and suffered injury as a result of that, and have lost your ability to look after your household, then you could be entitled to some compensation for your injuries.

If you would like any advice, then please feel free to contact us on our toll free number 1800 004 878 and arrange a no obligation consultation with one of our accredited personal injury specialists.