Sydney pedestrian injured by a motor vehicle and awarded $100,000 in compensation
Published 23 Aug 2018
This matter involved a woman who was crossing the road at a roundabout when she was hit by a motor vehicle.
As a result of the accident our client sustained injuries to her right knee. She also developed a psychological injury as a result of her physical injuries.
At the time of the accident, our client was working as a Business Analyst on a high income. She was employed on a contractual basis and did not have any significant time off work. After a period of less than three months, our client relocated overseas and returned to work in a similar role.
While our client relocated overseas during the course of her claim we were still able to confer regularly with her and settle her claim for $100,000.
A claim was lodged with the CTP insurer of the driver at fault who admitted liability for the accident but alleged that our client was 50% at fault.
With the admission of liability, the claim was able to be dealt with more informally through the Claims Assessment Resolution Service (CARS) as opposed to being heard in Court and argued before a Judge.
We acted in accordance with our ‘’No Win No Fee’’ policy and requested reports and clinical notes from our client’s treating doctors. We also arranged independent assessments of our client by a medicolegal specialist doctor to assess her whole person impairment at no up-front cost to her. We also referred our client for an assessment through the Medical Assessment Service (MAS) which was undertaken via Skype. Her injuries were assessed as having a whole person impairment of less than 10%.
This meant that we were unable to make an additional claim for pain and suffering damages, also known as damages for non economic loss.
After collating all relevant medical evidence and significant preparation in her case, a settlement conference was arranged in an attempt to settle the claim before proceeding to a CARS Assessment Hearing.
The insurer was not willing to pay a significant amount of money and so we continued to prepare the claim for hearing. A further attempt was made to settle the claim 3 months later.
We effectively argued against the allegation that our client was 50% at fault and were able to secure a settlement of her claim for $100,000.
If you have been injured in a motor vehicle accident, whether or not it was your fault, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.