$120,000 Compensation Obtained for Injured Cyclist

PUBLISHED 27 Jun 2013

Our client was riding his push bike along a busy highway when a vehicle coming from behind him clipped his handle bars causing him to fall onto the cars bonnet and then on the ground. The driver did not stop to assist our client and continued to drive away. As a result of this accident our client suffered quite significant injuries to his head, back, right shoulder, right arm, shock, pain and suffering.

Following the accident, our client found that his injuries prevented him from returning to work, thereby leaving him completely out of pocket. He was finding it difficult to pay for all his medical bills, on top of his daily life expenses, while he was out of work. As his symptoms did not improve, he decided to seek compensation.

Our client approached Gerard Malouf & Partners because he wanted an experienced solicitor to take his case seriously and obtain the best results. One of our solicitors, who is experienced in Motor Vehicle Accidents, took on his claim and a file was opened for him.

The claim proceeded through the procedural elements under the Motor Accidents Compensation Act. Despite having been served with all the relevant clinical notes, economic loss documents and police reports, the defendant insurer was unwilling to admit liability.

Our solicitor then arranged for a medico-legal appointment to take place between our client and a doctor who specialises in permanent impairment assessments for Motor Accidents Compensation. This medical report was served on the defendant insurer, and the defendant insurer, still denying liability, offered to pay $20,000.

Dissatisfied with this offer, our solicitor then filed a CARS application. Given the strength of our argument and evidence, the defendant, who was unwilling to proceed to a CARS hearing, admitted liability and a compulsory conference was arranged. Our client was extremely pleased at the $120,000 that he received following the conference.

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