Windsor resident involved in near miss accident received $200,000 compensation

Published 22 Aug 2018

A Windsor woman was the driver of a motor vehicle which was driving along smith road in August 2015.  All of a sudden without warning a white truck has pulled out of a driveway and into the path of our client. As result our client has performed a swearing manoeuvre to avoid the white truck. Our client was successful in avoiding the truck however lost control of his own vehicle colliding with a tree.

The white van did not stop and did not exchange details without client. Our client suffered fractures to her right leg and hip as well as facial injuries and scaring. She suffered economic loss from time off work in the amount of $25,000.00 and was expected to have ongoing economic loss into the future. She was unable to attend to the domestic chores and had ongoing treatment expense in relation to her injuries. Gerard Malouf and partners of course collect expert medical evidence to support these aspects of the claim.

The major road block which was encountered with this claim was that our client did not complete her due search and enquiry. When someone is involved in an accident where the vehicle which has caused the accident is not bale to be identified the claimant must prove they have completed everything which needs to have been done to try and identify the vehicle. This must be completed within a timely manner following the motor vehicle accident.

Our client attempted to run the claim by themselves in February 2016 the Client was provided with a S81 notice by the CTP insurer which denied liability to their claim. Shortly after the Client approved our firm.

Within 4 months Vrege Kolokossian had written to every house in the street, placed ads in the local newspaper, contacted the local police station and hired private investigators to try and identify the white truck. This was all completed within the statutory timeframes therefore protecting the rights of our own client.

Unfortunately the white truck was not able to be identified, but this did not stop Mr Kolokossian. He completed a CARS 1A application and had the matter exempted from the CARS system and allowed the matter to be heard in the District Court of NSW against the nominal defendant.

With the risk of the lengthy and costly trial ahead of them Mr Kolokossian was able to pressure the CTP insurer into settlement discussions. The CTP insurer agreed on the proviso the Client accepted that they were 50% liable for their injuries.

This was accepted to ensure that the client was able resolve the matter without having to waste his own money on the lengthy and costly trail. The matter ultimately settled for over $200,000.00.

If you or your family member have been injured, whether you live in the Windsor or any other metropolitan area, Gerard Malouf and Partners are able to ensure you are not disadvantaged and that you receive maximum compensation.