Central Coast resident receive $1.2 million in Wyong motor vehicle accident

Published 27 Aug 2018

The claimant was a 46 year old Central Coast resident who was a rail way shunter the only job he had known since starting work at the age of 16.

On 12 July 2015 the claimant was the driver of a vehicle which was heading straight along Wyee Road, when without warning, another vehicle suddenly turned right across the path of the claimant to turn into the side street. The Claimant was left without enough time to stop and avoid the collision and as a result t-boned the other vehicle.

As a result of the collision the Claimant sustained injuries, including fractures to the arms and legs, fractures to his pelvis, damages to his neck, back and shoulder and even damage to his genitalia.  

The insurance company admitted liability and started paying for the Claimant’s treatment. The claimant had extensive physiotherapy and numerous radiological scans to assess the damage done to his body. As a result of the injuries sustained, the claimant was unable to return to work in their role with the railways for a significant period of time.

The Claimant was able to return to their role on light duties only by the time the matter was referred to CARS, however both the Claimant’s and the CTP insurer’s experts agreed that the Claimant was unlikely to continue to work in their role for much longer. The mere fact the Claimant was attempting to work went a long way to assist their credibility.  .

As soon as the claimants treating doctors informed the claimant that his injuries had stabilised, medical appointments with medico legal experts who were able to justify the ongoing expenses and inability to work as he got older.

At the same time, the Claimant was referred to the Medical Assessment Service (government doctors) who found the Claimant’s to be 36% whole person impaired, entitling the claimant to serious money for his pain and suffering.

The matter was referred to the Claims Assessment Resolution Service and an assessment hearing was booked in where an independent assessor could make a determination as to the Claimant amount of compensation entitlement.

Before a determination was made the insurance company made an offer of $1.2 million to which the firm was happy to recommend to client to take and the client was more than happy to accept.

At Gerard Malouf & Partners we are not a giant publicly listed law 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 client’s need to fight and win their cases!