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International Student Compensated with $130,0000 for a Motorcycle Accident

Case Overview
  • Our client was a Columbian citizen who was on a student visa in Australia when she met with a motorcycle accident.
  • She sustained significant injuries and had permanent impairment as a result of fractures on her leg. 
  • Due to COVID-19, she was unable to return to Australia but we entered into settlement negotiations and the client received $70,000 for her future loss.

Our client was a Columbian citizen who was on a student visa in Australia when she was involved in a motorcycle accident. She sustained significant personal injuries and had permanent impairment as a result of fractures sustained to her leg.

Our client returned to Columbia and, as a result of the Covid-19 pandemic and restrictions, she was unable to return to Australia. This, unfortunately, meant that our client was no longer entitled to treatment from the CTP insurer, as it was outside the Australian jurisdiction.

Our Approach

Mr. Kolokossian, Senior Partner and Accredited Specialist entered into settlement negotiations with the CTP Insurer on the basis that our client was unable to return to Australia for her claim to be assessed the way it usually would. While the insurer initially began negotiations making no allowance for any future incapacity to work, throughout the negotiation process we made strong arguments supporting our client’s inability to work, which ultimately led to the insurer covering her future losses.

Our client ultimately received over $130,000 for this claim, despite the numerous obstacles presented by the unusual Covid-19 pandemic.

If you have been injured in a motor vehicle accident, you could be eligible for a motor vehicle claim. 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

Our client ultimately received over $130,000 for this claim, despite the numerous obstacles presented by the unusual Covid-19 pandemic.

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.

There are several steps you should take following a motor accident before worrying about liability. First and foremost is ensuring that you, the other driver and any passengers you both have are safe. Immediately call 000 for emergency services if necessary, and apply first aid care if you know how. Move the vehicles off the shoulder if the accident is blocking the roadway and it’s possible to do so.

All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:

  • Speeding
  • Failing to obey traffic lights or signage
  • Driving while intoxicated or otherwise under the influence
  • Failing to “keep a proper lookout”

If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.

However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.

Compensation can provide vital financial support for people who have suffered serious injuries in a road traffic accident. But are there limitations on how much money someone can receive?

The answer to this question depends on several factors, including:

  • Who was to blame for the accident?
  • How severe were your injuries?
  • Is there permanent damage?
  • Are you entitled to damages for non-economic losses?

Let’s break down some scenarios and explore what compensation amounts could be available…

 

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 — Personal Injury Compensation Lawyers

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