Motor vehicle accident victim loses battle with insurance officer

Date: Aug 01, 2018

Disputes may arise between injured parties and medical insurance companies after motor vehicle accidents. Dealing with injuries can be difficult enough, without having the extra steps of filing a claim and hoping that medical bills will be covered by insurance providers.

In a recent case before the Supreme Court of New South Wales, a man sought review of an officer’s decision to refuse to refer the medical assessment for review.

The accident

In 2012, the plaintiff, a man who was 55 at the time, says he was injured from a motor vehicle accident. He had rented a vehicle and was going through a roundabout, driving at about 20 km/h, and another vehicle entered the roundabout, failed to yield and collided with the plaintiff’s car. His wife was in the front passenger seat and another passenger was in the back seat.

The front passenger airbag deployed, but not the driver-side airbag. The plaintiff had been wearing a seatbelt. All three passengers were able to get out of the vehicle on their own after the accident occurred.

The defendant in the case in the plaintiff’s third-party insurer, Allianz Australia Insurance Ltd.

The dispute between the plaintiff and the insurance provider came about after a doctor assessed the plaintiff and claimed he had an impairment in his left hip, although it was not fully caused by the accident. The assessment indicated that only 5 per cent of the injury was attributed to the accident.

In 2017, the defendant still was experiencing injuries that he claimed were from the 2012 accident. However, the doctor found that the injuries resulting from the accident would only have lasted at a maximum of eight weeks after the accident, and that in 2017, any injuries could not be attributed to the accident.

An officer of the State Insurance Regulatory Authority refused to refer the medical assessment to a review panel.

The court’s decision

The judge found that the officer made no error, and it was not proven that there was cause to think that the assessment was incorrect. The summons was dismissed, and the plaintiff was ordered to pay the defendant’s costs of the proceedings.

If you have been involved in a motor vehicle accident and you believe it was not your fault, you may be entitled to compensation under the New South Wales motor accidents compensation scheme. For more information about your options, contact our team of experienced lawyers today at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers. We offer free consultations.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.