Pedestrian receives nearly $80,000.00 compensation where accident liability hotly contested

Published 13 Sep 2018

We represented Mr M who was involved in a motor accident in 2015. Mr M was a pedestrian walking home at about 9:00pm one evening when he was hit by the driver of a vehicle while crossing a country road. Mr M sustained physical injuries as well as a traumatic brain injury.

Action Taken

Mr M contacted our personal injury specialists for advice regarding whether he had a claim for personal injury. After an initial consultation, personal injury claim was lodged with the CTP insurer. The CTP insurer denied liability, stating that their insured was not at fault in the accident, but rather the accident was caused by Mr M crossing the road in an unsafe manner while being intoxicated.

As a consequence of the injuries sustained, Mr M was admitted as a lifetime participant to the Lifetime Care and Support Scheme who provide assistance and care for those with severe injuries. He will require ongoing care from this service for the rest of his life. Due to Mr M being accepted into this program, his compensation award was limited to non-economic loss only, as he was not working at the time of the accident.

As liability was denied, we made an application to have the matter exempted from the Claims Assessment Resolution Service (CARS) through an application process. This was approved, and a certificate of exemption was issued – allowing us to commence proceedings in court.

To prove that Mr M was not wholly at fault for the incident, we obtained specialised liability evidence from a renowned traffic engineer. This evidence in fact showed that Mr M was not wholly at fault for the accident, and that the CTP insurer should accept some liability. The liability for the accident was hotly contested by the CTP insurer in circumstances, where they refused to settle the claim and proceeded to prepare for hearing. They obtained their own evidence to suggest Mr M was at fault and only in the days prior to hearing was a meeting arranged between the two experts. The CTP insurer’s expert began to waver in his certainty that the fault for the accident was wholly on Mr M.

We retained counsel and senior counsel to assist Mr M in his claim against the CTP insurer and conducted extensive negotiations while preparing for hearing. The matter resolved just prior to attending court on the first day of hearing for $80,000.00.

Conclusion:

Mr M was pleased with the result as he did not think it was possible that the insurer would offer him any compensation in the circumstances due to the liability issues with the case.

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