64 Year Old Woman From Sydney Hills District Compensated After Rear-End Collision

PUBLISHED 26 Jun 2017

In this matter, we acted for a woman who was involved in a motor vehicle accident whilst driving in Pennant Hills, sustaining a number of physical injuries.  The accident occurred as our client slowed down to turn right onto a side street when a vehicle coming from behind failed to stop and collided with the rear of our client’s vehicle.

After suffering substantial injuries in this accident, our client sought assistance from a personal injury lawyer and contacted Gerard Malouf and Partners for legal advice about her rights and entitlements to compensation.

Upon receiving our client’s initial instructions in this matter, our first priority was to lodge her 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).

Following the initial instructions we obtained from our client, we began to carry out our own investigations with respect to liability and started collating the medical evidence in support of her claim.

In this matter, the CTP Insurer admitted liability on behalf of the insured driver meaning that it was not necessary for our client to prove the CTP Insurer’s responsibility in this claim.

As liability was not in dispute, we proceeded to focus on obtaining further medical evidence in support of our client’s claim. We subsequently arranged for our client to be examined by an Orthopedic Surgeon to obtain an expert medical report which provided an assessment of 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 her life into the future. 

Upon completion of the service of evidence in our client’s claim, we invited the CTP Insurer to participate in a Section 89A Compulsory Settlement Conference to try and resolve the claim. As the CTP Insurer did not respond, we prepared and lodged an application for General Assessment by the Claims Assessment & Resolution Service to progress our client’s claim.

After serving our application for assessment upon the CTP Insurer, and participating in a preliminary telephone conference with the Claims Assessor, we invited the CTP Insurer to participate in an Informal Settlement Conference to explore whether the parties could resolve the matter before proceeding to an assessment hearing.

The CTP Insurer agreed to participate in an informal settlement conference and we arranged for our client to attend our offices so that we could advise her as to a position in her claim, answer any questions she had during the settlement conference and obtain her clear instructions. 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 our client’s 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.

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