AMAZING WIN DESPITE ALL ODDS – MOTOR VEHICLE CLAIM WINS WITH CONTRIBUTORY NEGLIGENCE

PUBLISHED 18 Jul 2013

We recently represented a young lady who was involved in a motor vehicle accident in which she was ran over by a ute while she was about to cross the road. The ute backed into a parking spot where our client was standing knocking her over.

As a result of the accident our client suffered some bruising and was burnt on her leg and abdomen by the exhaust piping underneath the ute. Fortunately, other than some bruising, our client did not suffer any significant trauma as a result of the accident.

Our investigations revealed that shortly before the accident, our client had been consuming six schooners of beer and could have been intoxicated at the time of the accident. .

Notwithstanding the fact that the driver of the ute was prosecuted for negligent driving, the CTP Insurer alleged significant contributory negligence by the claimant.

We arranged for our client to be seen by a medical expert and sought the opinions of her treating specialists. Our investigations showed that as a result of the injury, our client’s injury did not affect her capacity to work or perform her everyday tasks.

The CTP Insurer did not concede that the injuries suffered by our client in the said accident caused her a whole person impairment of more than 10%. Our expert was of the same view. We sought our client’s instructions to as to referring the claim to MAS (Medical Assessment Service) of the Motor Accident Authority of New South Wales for an impartial assessment. Our client was satisfied with the medical evidence obtained and decided not to have her injuries assessed by a MAS Assessor.

We successfully negotiated a settlement on behalf of our client with the CTP insurer which provided our client with a significant financial relief.  This was an outstanding result given that both our client’s compensable injuries in the circumstances had been assessed as minimal. Furthermore our client had a substantial part in the accident given her intoxicated status.  

Our client was very pleased with the outcome of her claim and the legal assistance received.

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