Case Overview
- Our client was travelling to work when a vehicle from behind failed to stop and collided with the rear of our client’s vehicle.
- Our client was transported to Orange Hospital where it was confirmed that he had suffered significant physical injuries.
- By way of an informal settlement conference, our client’s matter was settled for $1,000,000.00.
At approximately 7:30 am on a Tuesday morning, our client was travelling along a Highway on his way to work when the vehicle in front of him began to apply its brakes. He too began to apply his brakes, however, the insured driver who was travelling behind him failed to stop and collided with the rear of his vehicle. This caused our client’s vehicle to be pushed forward into the car in front of him.
Following the accident, our client drove to work and advised his manager about what had occurred, and he then immediately transported our client to the hospital. Our client sustained several physical injuries, including to his cervical spine, lumbar spine, hip and right shoulder. Further, our client sustained psychological injuries including post-traumatic stress disorder, depression and anxiety.
The insurer involved in this case refused to accept liability for making statutory benefit payments as our client had also made a successful workers’ compensation claim under the Workers Compensation Act 1985 for the injuries in question. As a result, our client could only pursue a claim for lump sum damages against the CTP insurer if at least one of their injuries was not classified as a ‘minor injury,’ and if they did not negligently cause or contribute to the accident. Additionally, our client was informed that they could seek compensation for non-economic loss as part of their damages claim, provided their whole-person impairment exceeded 10%.
As anticipated, the insurer rejected our client’s damages claim on the grounds that his injuries were minor and did not acknowledge that their whole-person impairment surpassed the 10% threshold.
“Our client sustained several physical injuries, including to his cervical spine, lumbar spine, hip and right shoulder.“
GERARD MALOUF & PARTNERS
Our Approach
After receiving the insurer’s determinations, our team promptly collected all relevant documents, including doctor reports, clinical notes, and liability documents, to prepare a submission to the Personal Injury Commission (‘PIC’). This submission aimed to have the claimant evaluated by an independent assessor. The assessment by the PIC ultimately concluded that the claimant had suffered a non-minor physical injury and had a whole-person impairment exceeding the 10% threshold.
In light of the PIC’s determination, we requested that the insurer issue a revised liability notice for the damages claim and invited the defendant’s solicitor to participate in an informal settlement conference.
If you have been involved in a motor vehicle accident and suffered injuries, we encourage you to speak with one of our expert solicitors at GMP by calling 1800 004 878.
The Result
After engaging in negotiations to maximise our client’s compensation, the claim was ultimately resolved for $1,000,000.
Rita Furfaro
Special Counsel
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 car accident lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
Getting hit by a car when you are cycling can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.
The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.
At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve
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A claim against the council in the event of an injury is a legal proceeding that arises after an accident in public areas.
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