In motor vehicle accident claims, there are two sides to every story. This is why medical, emergency service and witness reports are vital when attempting to prove you are the party who is in the right.
In such complex cases, like the one mentioned below, determining fault isn't always an easy task – despite having ample evidence on your side.
Background of the motor vehicle accident
On October 11, 2014 at around 6:15 pm, the plaintiff was driving his motor vehicle along Belmore Road near an intersection. As he entered the intersection, the defendant also entered and collided with the plaintiff's vehicle.
The plaintiff alleged he sustained a range of personal injuries and sought damages under the Motor Vehicle Accidents Compensation Act 1999 (NSW). He claimed the defendant was negligent and to blame for the injuries he suffered. The man did not reach the impairment threshold of greater than 10%, so he was not eligible for damages under the non-economic loss section of the Act. Instead, he claimed for damages associated with past and future out-of-pocket expenses, along with past economic and future economic loss. His injuries related to spinal, right shoulder and severe psychological injury (post-traumatic stress disorder).
In her defence filed March 2, 2018, the defendant:
What did the court decide?
The court was faced with an alarming amount of evidence, more specifically relating to the plaintiff's injuries and the cause of the crash. It learned the man had been training for his commercial pilot's licence and because of the motor vehicle accident, put his studies on hold and felt he could no longer obtain his licence. The court believed this affected the plaintiff's future income and therefore awarded a future earning capacity on a buffer of $45,000. Along with past and future out-of-pocket expenses, the plaintiff's total award of damages came to $51,436.70.
The above case highlights the complexity of motor vehicle accidents, and how it pays to have as much evidence to back up your claims as possible.
If you've been involved in a motor vehicle accident and want to review your options, get in touch with he specialist lawyers at Gerard Malouf & Partners today.