$130K Settlement for 3 Year Out of Time Motor Vehicle Accident Claim

PUBLISHED 30 Oct 2012

Our client, the claimant in the proceedings, attended the offices of Gerard Malouf and Partners on 27 January 2011 and provide instructions to Mr Garbis Kolokossian about a Motor Vehicle Accident he was involved in on 1 July 2008. It was explained to our client that he had an obligation to fill out the Persona Injury Claim Form within 6 months from the date of the accident and to put the CTP Insurer on notice of his intention to make a claim. Our client was receiving Workers Compensation Benefits from the date of the accident for treatment and Economic Loss. Our client had returned back to work on a full time basis and required less and less treatment and thought that his injuries were resolving well.

On or around the time that the client saw the above named solicitor in conference his injuries were exacerbated and the symptoms associated with the injuries to his neck and back became more prominent.

Even though the claim was late, the solicitor with carriage over the file lodged a Personal Injury Claim Form and prepared multiple Statutory Declarations providing a full and satisfactory explanation for the delay.

The CTP Insurer, QBE Insurance, on all occasions rejected the claim and denied that the explanation provided by the above named was full and satisfactory. The above named solicitor filed proceedings with the Motor Accidents Authority for the determination of the issue of late claim. After multiple telephone conferences and heated debate with respect to the explanations provided, the claimant was successful in having his late claim and his explanation accepted by the Motor Accidents Authority of NSW.

Whilst all this was happening, the above named organised for the claimant to be medically assessed by an Orthopaedic Surgeon who provided him with a Whole Person Impairment assessment of under 10%.

Immediately following receipt of the Orthopaedic Surgeon’s report, the writer answered particulars, prepared submissions and invited the CTP Insurer of the motor vehicle at fault to participate in an Informal Settlement Conference with an attempt to try and resolve the matter amicably.

Gerard Malouf and Partners opened the file on 27 January 2011 and for the most part was debating the issue of the late claim. The determination with respect to the late claim was made in July 2012 and an Informal Settlement Conference took place on 11 September 2012.

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 fact that the client had gone back to work on a full time basis, had lost very little time from work, incurred very little expenses by way of treatment over the 4 year period and did not require any real domestic assistance and care the result obtained by Mr Garbis Kolokossian was fantastic.

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.

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