In this matter we acted for a 39 year old woman who was injured in a rear end collision at Yagoona and suffered a whiplash back injury (aggravation of pre-existing back injuries from previous moto vehicle accidents.
As usual, we carried out our independent forensic investigations with respect to the issues of liability and the extent of our client damages obtained a statement from our client, a police report and as well as medical records from our client's family doctors.
After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings in by lodging the Personal Injury Claim Form with the CTP Insurer for the driver allegedly at fault.
The CTP Insurer admitted its liability at an early stage so there was no need for our client to prove the other side’s responsibility in the accident further.
As the claim became an assessment of damages, we arranged for our client to undergo a clinical examination with an orthopedic specialist and sought his view on what the future held for our client with respect to his injury. The medical evidence obtained both by our expert as well as the treating doctors all assisted in strengthening our client's case.
The CTP Insurer requested to have our client examined by one of their doctors who provided a medical report significantly different in its conclusions. The opinion contained in the report produced by the CTP Insurer's medical expert conflicted with the report from our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
In order to resolve the conflict between medical opinions we referred the matter to the Medical Assessment Service (MAS) where an independently appointed specialist assessed the extent of the injuries suffered by our client and resolved the dispute on the level of whole person impairment caused by the said accident.
Despite the fact that an independent assessor had determined the extent of the compensable injury we still could not agree with the insurer the financial damage that the injuries (as assessed) would have on our client.
Prior to having the matter heard by an Assessor appointed by the Security Insurance Regulatory Authority of NSW (SIRA), we arranged a conference with the Defendant's solicitor in a final attempt to resolve the claim without the need to incur the cost of an assessment hearing.
At conference we were able to persuade the Defendant's solicitors that our client's position was both genuine and realistic. We then secured a settlement for over $90,000.00 in compensation.
Our client was happy to have received a fair compensation without having to go through the difficulties posed by a hearing.
If you have suffered an injury in a motor vehicle accident caused by the fault of another driver, we might be able to help you. Feel free to contact Gerard Malouf & Partners Compensation Lawyers by dialing 1800 004 878 or complete our email enquiry form.
