We acted for Mr T, a 73 years old man who was involved in a motor vehicle accident in late 2014. Mr T was reversing his motor vehicle from his drive way in Western Sydney. As he stopped in the middle of the footpath to let the traffic pass, Mr T checked if there was any incoming traffic towards his left side. When the roadway was clear, Mr T proceeded to reverse his vehicle and stopped in the middle of the road. As Mr T drove his vehicle forward, another vehicle which was travelling at high speed failed to stop and struck Mr T’s car from behind, pushing the vehicle on to the kerbside and Mr T eventually smashed into a big tree.
As a result of the accident Mr T suffered substantial injuries including an injury to the neck, back and psychological injuries.
Mr T was unsure whether he could claim compensation and made enquiries with Gerard Malouf & Partners Compensation Lawyers.
Once a file was open on behalf of Mr T, our Accredited Personal Injury Specialists completed a personal injury clam form which was served onto the relevant CTP insurer. Liability was wholly admitted and the CTP insurer acknowledged that other motor vehicle was at fault and caused the accident resulting in Mr T’s injuries.
When Mr T’s injuries had stabilised arrangements were made to have him medically assessed by our medico-legal doctors to determine the full extent of his injuries and to see whether or not his injuries exceeded the 10% whole person impairment threshold. The CTP insurer disputed our medical evidence, and did not concede that Mr T suffered injuries that exceeded 10%.
To ensure our client’s rights and entitlements were protected, we referred the matter to the Medical Assessment Services (MAS) so that an independent medial assessor could determine if our client’s injuries exceeded the threshold.
Medical evidence was gathered and provided to the MAS Assessor and Mr T’s injuries were assessed at being over than 10%, and therefore he was entitled to receive compensation for non-economic loss and pain and suffering.
A settlement conference was arranged with the CTP insurer who appreciated that regardless of the fact that Mr T was aged 73 years old, he did suffer significant injuries, damages and loss as a result of the motor vehicle accident and should be compensated accordingly.
After extensive negotiations, Mr T accepted the insurers offer and the matter resolved in the sum of $197,500.00.The settlement represented an excellent result for Mr T who was delighted at achieving compensation in circumstances where he thought the amount of compensation he was entitled to was limited due to his age.
If you are a driver and have been recently involved in a motor vehicle and have suffered some serious injuries, please do not hesitate to contact Gerard Malouf and Partners Compensation Lawyers on our toll free number 1800 004 878 and speak to one of our accredited specialist who can give you advice in relation to the procedures, the processes and your rights to make a clam.