Tamworth woman receives $170,000 compensation for personal injury from motor vehicle accident

Published 10 Jan 2019

We represented Mrs A who was involved in a motor vehicle accident in December 2016.

Mrs A was the passenger of a motor vehicle travelling on a highway when the driver of the motor vehicle fell asleep at the wheel, lost control of the vehicle and subsequently collided with a tree.

As a result of the accident, Mrs A suffered injuries to the right knee, the left knee, chest and psychological injury.

Ms A filled out the personal injury claim form and lodged it with the CTP insurer, however as she had never been involved in a previous motor vehicle accident, she contacted Gerard Malouf & Partners Compensation Lawyers for legal advice. After the initial consultation, we assisted Mrs A by writing to the CTP insurer who accepted liability. This meant that the CTP insurer agreed that the insured driver was at fault in the accident and the insurer would be liable to pay compensation to Mrs A for the injuries she suffered from the accident.

After obtaining and reviewing Mrs A’s medical records, we wrote to the insurer and advised them that we believed her injuries exceed the 10% whole person impairment threshold required for her to receive damages for pain and suffering. The insurer disagreed with us and the matter was referred to the Medical Assessment Service to determine her final whole person impairment.

A certificate was issued and while it was determined that her injuries were caused by the accident, Mrs A’s injuries were assessed as 4% whole person impairment which did not entitle her to recover damages for pain and suffering. However, Mrs A was still entitled to claim for past and future treatment, loss of income and working capacity and domestic care and assistance.

We arranged for Mrs A to be examined by an occupational physician who wrote a report commenting on Mrs A’s need for future treatment, her loss of working capacity and her need for care and assistance in the future in relation to her ability to do household duties in the future.

An informal settlement conference was arranged with a view of attempting to reach an agreement with the insurer. We argued on Mrs A’s behalf that she was forced to retire early as a result of her injuries. The insurer accepted this and after extensive negotiations, we reached an agreement. Mrs A was ecstatic with the result.

If you have been involved in a motor vehicle accident either as a driver, passenger or a pedestrian and have suffered injuries which prevent you from returning to work, going back to your full work capacity or prevent you from undergoing your household domestic duties; you may be entitled to compensation.

If you would like any advice, feel free to contact us on our toll-free number 1800 004 878 and arrange a NO OBLIGATION consultation with one of our accredited personal injury specialists.