Andrew’s story: Securing a settlement after a life-changing bicycle accident

Initially, the injuries appeared manageable. After being examined at the hospital, Andrew was told he had no broken bones. However, following a visit to his GP and additional X-rays and ultrasounds, it was discovered that he had a tear in his shoulder that required surgical intervention.

This would be just the first in a series of severe health complications stemming from the collision.

Andrew underwent the required shoulder surgery in May 2020, one month after the accident. This surgery triggered unexpected complications.

“Immediately after the shoulder surgery, while I was still in recovery, my blood oxygen levels would not reach normal levels,” Andrew explains. This led to an ambulance transfer and a four-day hospital admission.

He was then diagnosed with the development of Non-Specific Interstitial Pneumonitis (NSIP), which requires ongoing daily medication management.

“I had absolutely no symptoms of NSIP before the accident and surgery. The NSIP symptoms manifested immediately after the surgery.”

“My life has been permanently changed for the worse due to what I have inherited as a result of the accident.”

In the years following the accident, Andrew’s health continued to deteriorate.

“Before the accident, I was travelling the world on vacation and business, walking many kilometres a day at trade shows and sightseeing. I was quite active… Then it all changed.”

After undergoing shoulder surgery, Andrew continued to experience complications with his blood oxygen levels. By January 2023, a cardiologist diagnosed him with severe pulmonary hypertension.

By October 2023, his health had significantly worsened due to the accident, and he received a devastating prognosis: without a double lung transplant, he had only 2 to 3 years to live.

As of December 2024, Andrew is still waiting for a lung transplant.

The path to justice was hindered and made more complex by the insurer, who delayed proceedings and contested findings from the Personal Injury Commission.

Rita Furfaro, a Partner at GMP Law and Andrew’s case representative, describes the complexity of the case: “The initial medical assessment in 2020 showed Andrew had a combined whole-person impairment of 47% – well above the 11% threshold required to be entitled to compensation for pain and suffering in Motor Vehicle Accident claims. However, the insurer immediately challenged the lung impairment assessment, which made up 44% of the combined 47% impairment.”

The insurer applied to review the 44% lung impairment certificate, leading to multiple submissions and reassessments of an already very fragile claimant.

Rita highlights the legal battle: “We couldn’t simply proceed to a settlement because the insurer kept introducing new complications. When we finally got the Personal Injury Commission to expedite the assessment, they still refused to acknowledge the severity of Andrew’s condition.”

The insurer requested an expert accounting report at the eleventh hour, a tactic designed to further delay proceedings. Only after a Personal Injury Commission teleconference in 2024 did meaningful negotiations begin.

For Andrew, this meant that while his health continued to decline severely, he was forced to wait over four years for his claim to progress.

Prior to the accident, Andrew was actively managing his business and travelling internationally. “I was off work from the date of the accident and have not returned,” he states. By February 2021, he transferred ownership of his business to his son.

The impact on his daily life has been profound.

Today, Andrew’s mobility is brutally restricted. “I can walk maybe 70-100m before stopping to catch my breath. As such, I now have a mobility scooter to get around if I have to walk more than 200m. I have two portable oxygen concentrators.”

“Had the accident not occurred, I would still be fit and able to undertake all the recreational activities I did before the accident as well as lead a normal, healthy life.”