$130,000.00 for late Motor Vehicle Accident Claim

PUBLISHED 06 Dec 2012

On 1 July 2008 our client was involved in a Motor Vehicle Accident whilst at work.


The client sought advice from Gerard Malouf and Partners on 27 January 2011 some two and a half years after the accident.

The claim was denied after Gerard Malouf and Partners served the Personal injury Claim Form.

Relevant Factors

The client returned back to work and took very little (if any) real time off work.

The client’s injuries had resolved for the most part. The reason why the client decided to bring the claim forward was because he exacerbated his injuries whilst at home.

The Insurance Company denied the claim completely and did not accept the explanation provided by our client.

The client had not had a need for any treatment or assistance up until the exacerbation. Gerard Malouf and Partners had to show that the complaints made by our client were relevant to a Motor Vehicle Accident he was involved in years ago.

Work Done and the Result

Instructions were taken from the client on 27 January 2011.

Claim form was served immediately, and multiple Statutory Declarations were prepared to provide an explanation for the late claim. Each and every explanation was rejected.

To save time, Gerard Malouf and Partners immediately filed an application with the Motor Accident Authority seeking a determination from an Approved Assessor. After multiple submissions being drafted, lengthy oral submissions being made our client was successful in proving that the explanation provided was full and satisfactory.

Medical appointments were made and the reports demonstrated that our client was being assessed at less than 10% Whole Person Impairment. After extensive discussions with respect to our client’s medical condition the solicitor with carriage over the file was able to obtain an offer of settlement for $130,000.00 inclusive of costs and disbursements for the client.


Given the issues that needed to be originally overcome (late claim), client’s capacity to work full time, no need for ongoing treatment and the medical evidence received regarding his total Whole Person Impairment this was a fantastic result.

The client was amazed not only that Gerard Malouf and Partners was able to successfully argue that the late claim should be accepted but also in relation to the speed in which a settlement was able to be reached following the determination being made.

Another great result in our motor vehicle accident department for a deserving client.

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