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Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.

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Belmore Car Passenger Compensated $610K after Driver Loses Control of the Vehicle

  • Rita Furfaro
Case Overview
  • Our client from Belmore was a passenger in a vehicle that collided with a parked vehicle when the driver lost control of the car in wet weather conditions.
  • A claim was lodged with the CTP insurer of the driver, who was at fault and accepted liability.
  • GMP helped the passenger settle his claim for $610,000 inclusive of legal costs.

We acted for a client from Belmore who was a passenger in a vehicle that collided with a parked vehicle when the driver lost control of the car in wet weather conditions. The client sustained injuries to his arms, wrist, jaw and ribs and also sustained scarring on his arm and face. A claim was lodged with the CTP insurer of the driver who was at fault who accepted liability.

Given that our client was about to start employment and was unable to work due to the accident, he was entitled to bring a claim for Common Law Damages for Economic Loss which is a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements as well as a claim for the tax paid on the weekly wage benefits received from the insurer.

Despite the significant injuries the Client sustained, the CTP insurer refused to concede that the client’s Whole Person Impairment (WPI) was more than 10%.

“Under Common Law, the client’s WPI must be over 10% for them to be entitled to Common Law Damages for Non-Economic Loss.”


Rita Furfaro
Our Approach

Non-Economic Loss: The defendant’s solicitors proposed arranging a joint medical appointment for the Client’s injuries to be assessed. The doctor mutually agreed on by both parties prepared a report in which they assessed the Client’s WPI to be 12%. Consequently, the defendant then conceded that the Client’s WPI was more than 10% allowing our client to claim Common Law Damages for Non-Economic Loss.

Once we had obtained all the necessary documentation including all details in relation to his prior employment as well as all relevant medical evidence, we were able to participate in a settlement conference with the insurer to try and negotiate a settlement of the claim for Common Law Damages for both non-economic and Economic Loss.

After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $610,000 inclusive of legal costs. Another excellent results for our clients.

If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no obligation consultation or complete our email enquiry form.

The Result

We were successful in obtaining $610,000 in compensation for our client.

Rita Furfaro

Special Counsel
Rita , I would like to take this opportunity to thank you. The outcome is more than I could of hoped for and you have given myself and my daughter an amazing opportunity to move on and heal from a bad situation. You have also inspired my 8 year old daughter to want to be the youngest person to become a lawyer In Australia.
> View bio
Frequently Asked Questions

More Information

Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If you’ve been injured in a motor vehicle accident, you’ll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.

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Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims. 

Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.

Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene. 

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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