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Driver Awarded Over $360,000 For A Motor Vehicle Accident Despite Contributory Negligence

Case Overview
  • Our client was waiting to turn through an intersection when she collided with another vehicle driving straight ahead through the intersection.
  • She sustained significant injuries, including vision loss in one eye, and was redundant from her work.
  • She contacted Gerard Malouf and Partners to help her file a claim against the insurer who was denying payment.

Our client was waiting to turn right through an intersection when she mistimed the turn and collided with another vehicle driving straight ahead through the intersection. She sustained significant injuries, including vision loss in one eye. She was assessed by one of our doctors, which allowed us to claim compensation for the required treatment and care to manage and treat her injuries from the accident.

We were also able to claim compensation for our client’s loss of wages and her future reduced earning capacity, even though she had returned to work after the accident.

Unfortunately, she was made redundant shortly after resuming work duties due to Covid-19.

Our claim was made because her injuries have made it more difficult for her to obtain employment after she was made redundant.

The insurer initially denied payment of compensation for any pain and suffering.

“We obtained a liability expert’s report and argued that the other driver predominantly caused the accident by speeding to make it through the orange light, rather than stopping safely. ”


verge kolokossian
Our Approach

We lodged an application with the Personal Injury Commission, which was persuaded by our arguments that her injuries were so significant that she should receive compensation for her pain and suffering.

Ultimately, the claim rested on whether our client was at fault for the accident.

In a claim for compensation, the compensation is reduced by a percentage for any contribution a person has made towards an accident.

As our client was the vehicle that turned into an oncoming vehicle, there was always going to be a reduction for her contribution to the accident.

Mr. Kolokossian, Senior Partner and Accredited Specialist, reviewed the liability aspect of the claim and rejected the insurer’s initial argument that our client was totally at fault.

This resulted in a successful outcome in the settlement negotiations, and the insurer accepted that the defendant driver was significantly at fault.

Our experienced solicitors obtain maximum compensation for our clients, even if they have contributed to the accident.

The Result

Our client was awarded $360,000 in compensation

Vrege Kolokossian

Senior Partner
My aim is to always listen and to do the best for my clients
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.

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

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