Plaintiff fails to obtain all damages after motor vehicle accident

Date: May 02, 2019

Human error isn't always to blame for motor vehicle accidents. Sometimes, issues with the car itself can be behind incidents on the road. This was evident in a result case brought before the District Court of NSW. But did the plaintiff obtain all damages he set out to win?

Background of the motor vehicle accident

On August 23, 2014, the plaintiff was a front seat passenger in a vehicle driven by the first defendant along Parramatta Road, near Petersham. The vehicle in question was driven by the second defendant.

The vehicle was on its way to a wedding where the plaintiff was the groom's best man. There were no seat belts and no driver or passenger safety bags. On route, at around 1:45p.m, the brakes of the car failed, and as a result, the vehicle collided with the rear of a stationary vehicle.

The plaintiff claims he suffered a range of personal injuries and disabilities as a result of the collision.

He claimed for damages against the driver and the owner of the vehicle – both of whom admitted liability. The total of his claim was around $60,000.

Despite admission, the defendant denied the plaintiff had any residual injury or disability as a result of the collision and said he grossly exaggerated the extent of his injuries and symptoms.

Matters up for discussion during the hearing

As such large claims for damages were submitted by the plaintiff, the court referred to his medical history following the accident. The plaintiff claimed the incident left him unable to undertake commonplace and domestic chores due to a shoulder and hand injury.

However, it became apparent that the man had engaged, at various times, in vigorous sporting activities including boxing and soccer. In response, the plaintiff gave unconvincing evidence, stating he only participated on a limited number of occasions. The court were given access to footage of the man partaking in such activities and concluded it could only have been the product of sustained training.

Therefore, on the above grounds, the plaintiff was awarded just $6,640 in damages.

Meeting the threshold for serious injuries in motor vehicle accident cases is no easy feat. Increase your chances of success by enlisting the help of expert lawyers, like the team at Gerard Malouf & Partners. Get in touch today to find out how we can help you work through your claim.

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