Case Overview
- An elderly woman was on a bus when the vehicle stopped very suddenly, causing her physical and psychological injury.
- The plaintiff passed away while the case was still occurring, and we continued on her behalf.
- On behalf of the executor of the deceased estate, we settled the claim for $150,000 inclusive of legal costs.
This matter involved an elderly woman who was a passenger on a bus. The bus began to move and then stopped suddenly, causing our client significant physical and psychological injuries.
She required ongoing treatment due to the injuries. However, she was retired and not working at the time of the incident and did not require work loss coverage.
An application for personal benefits and a certificate of capacity was lodged with the Compulsory Third Party (CTP) insurer of the at-fault driver. The CTP insurer accepted the liability of their insured driver and determined the injuries were non-minor. As aligned with non-minor injuries, benefits continued post-26 weeks. In accordance with the current legislation governing motor vehicle accidents, this meant the CTP insurer was liable to pay for our client’s reasonable and necessary medical and treatment expenses.
“The CTP insurer was liable to pay for our client’s reasonable and necessary medical and treatment expenses.“
Rita Furfaro
Our Approach
Our client regretfully passed away during the claim. However, we continued the claim on behalf of the executor of the deceased’s estate.
Due to the claimant passing away, the family/legal representatives are required to obtain letters of administration or a grant of probate to continue with the claim.
To be entitled to damages for non-economic loss, a claimant must exceed a degree of permanent impairment in excess of 10% whole-person impairment. This would have to be either conceded by the insurer or determined by a medical assessor appointed by the Personal Injury Commission. The CTP insurer conceded that the injuries sustained in the motor accident had a permanent impairment percentage greater than 10%, being the required threshold to claim for non-economic loss.
We invited the CTP insurer to participate in an informal settlement conference. After communicating various offers back and forth, we were able to reach an agreement and settled the claim on behalf of the executor of the deceased estate for $150,000 inclusive of legal costs.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
The Result
After communicating various offers back and forth, we were able to reach an agreement and settled the claim on behalf of the executor of the deceased estate for $150,000 inclusive of legal costs.
Rita Furfaro
Partner
Frequently Asked Questions
More Information
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.
It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.
TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.
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