In this matter, we acted for a man who was struck from behind by another vehicle as he was stationary in traffic on a busy Sydney road. As a result of the impact, our client sustained a number of physical injuries including, soft tissue injuries to his neck, lower back and shoulder.
Following our client’s accident, he sought assistance from a personal injury lawyer and contacted Gerard Malouf and Partners for legal advice about his rights and entitlements to compensation.
Upon receiving our client’s initial instructions in this matter, our first priority was to lodge his Personal Injury Claim Form with respect to the accident. This should always be made a priority to ensure that a motor vehicle accident claim is made within the 6 month time limitation imposed by the Motor Accidents Compensation Act 1999 (NSW) (the Act).
After obtaining our client’s initial instructions, we began to carry out our own investigations with respect to liability and started compiling the medical evidence in support of his CTP claim.
In this matter, the CTP Insurer admitted liability on behalf of the insured driver meaning that it was no longer necessary for our client to prove the CTP Insurer’s responsibility in this claim.
As liability was not in dispute, we proceeded to obtain further medical evidence in support of our client’s claim. We subsequently arranged for our client to be examined by an occupational physician to obtain an expert medical report addressing the nature and extent of our client’s injuries and disabilities. This report also provided a detailed prognosis of how our client’s injuries and disabilities may continue to impact his life into the future.
After obtaining the evidence in our client’s claim, we prepared a detailed statement on his behalf providing full and satisfactory particulars of his claim as required under Section 85 and 85A of the Act. Upon serving the above statement, the CTP Insurer was required to provide a reasonable offer of settlement within 2 months.
In this matter, the CTP Insurer failed to comply with their obligations to provide an offer of settlement. Due to the above default, we had grounds to lodge an application for independent assessment with the Claims Assessment & Resolution Service (CARS) to further progress our client’s claim.
After referring our client’s claim to CARS, we invited the CTP Insurer to participate in an Informal Settlement Conference to explore whether the parties could resolve the matter before proceeding to a hearing.
At the settlement conference, we were able to resolve our client’s claim after extensive negotiations and obtain a fair and reasonable settlement figure for his compensable injuries.
If you have sustained injuries in a motor vehicle accident caused by the fault of another driver and you are unsure about your potential entitlements to compensation, contact Gerard Malouf and Partners on 1800 004 878 for a free, no obligation consultation.