A 76 year old man, acting as a good samaritan was assisting some strangers in jump starting a broken down vehicle. Due to where the broken down vehicle was parked it was necessary for the two vehicles to face one another in order for the jumper leads to reach. Our client was standing between the two vehicles holding the jumper leads in place when the driver of the working vehicle accidently drove forward pinning our client between the two vehicles. As a result of the impact he sustained a fractured knee, requiring surgery. The insurance company alleged that the injured man was 30% responsible for the accident as he should not have been standing between the two vehicles.
The injured man initially lodged the claim himself without solicitors and was eventually offered $40,000 to settle his claim. It was at this point that he contacted Gerard Malouf & Partners, Specialist Motor Accident Lawyers, to obtain advice as to whether the insurer’s offer was reasonable. After an initial conference with our experienced car accident lawyers the injured man instructed Gerard Malouf & Partners to act on his behalf to maximise his claim for compensation.
Whilst the injured man was retired and had not sustained any loss of wages as a result of the accident, we were still able to obtain and collect evidence to support a claim for his out of pocket expenses that had been incurred and would likely be incurred into the future and the domestic assistance he was receiving as a result of his lack of mobility following the accident.
Our experienced compensation lawyers were also able to successfully argue against the insurer’s decision that our client was 30% responsible for his injuries. After provision of a detailed statement outlining the circumstances of the accident and the reason for our client’s actions, NRMA Insurance agreed to accept full responsibility for the accident.
Within a short period of taking on our client’s claim we were able to successfully negotiate a settlement whereby our client received in excess of $80,000 in compensation for his injuries. Following settlement of his claim our client was happy with the result and very happy that he did not continue to deal with the insurer on his own and that he instructed Gerard Malouf & Partners to take on his case and maximise his compensation payout.
Have you been injured in a car accident? Are you thinking of making a compensation claim? Contact our experienced personal injury lawyers today.