Sydney woman awarded $300,000 in compensation following a motor vehicle accident

Published 18 Sep 2018

Our client was involved in a motor vehicle accident through no fault of her own.  Whilst driving along, she attempted to overtake a vehicle, and while doing so she heard and saw another car speeding up behind her.

That vehicle then collided into the back of her car, causing her to lose control of her own vehicle and forcing her off the road. Our client then collided into a street sign and ended up hitting a tree.

As a result of the accident our client sustained a fracture to her back, neck strain and an injury to her arms. She also developed a psychological injury as a result of her physical injuries.

A claim was lodged with the CTP insurer of the driver at fault who admitted liability for the accident.

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.

Our client was not working at the time of the accident and so a claim was made for domestic assistance and treatment expenses.

We prepared the case thoroughly by obtaining clinical notes and reports from our client’s treating doctor’s as well as from independent medicolegal doctors to assess her current and future needs in terms of treatment and domestic assistance.

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 the amount of money we thought the claim was worth and so we continued to prepare the claim for hearing.  We fight for our client’s full rights and do not “settle” for anything less. On the morning of the hearing we negotiated further with the insurer in another attempt to settle the claim.

We effectively argued in favour of a higher payment and the claim was ultimately settled for $300,000.

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.