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Motorbiker Compensated with $110k due to an Illegal Right-Hand Turn by an Oncoming Vehicle

Case Overview
  • Our client was a motorbiker riding along the highway when another vehicle took an illegal right turn and crashed into our client.
  • He suffered serious injuries to his shoulder, scapula, pelvis, hip, ankle all on the right side with his right shoulder fractured.
  • We lodged a claim against the insurer of the vehicle and our client was eventually compensated with $110,000.

Our client was a motorcycle rider driving along the main highway. He was driving in the inside lane when the oncoming vehicle coming from the opposite direction executed an illegal right-hand turn into a side street and collected our client. Our client impacted into the front left corner of the car and was propelled onto the windscreen and then onto the street. He was immediately taken to the hospital.

 

He suffered serious injuries to his shoulder, scapula, pelvis, hip, ankle all on the right side with his right shoulder fractured. He also had various cuts, abrasions, trauma, and shock. He needed to undergo surgery on his right shoulder after undergoing a stabilisation procedure.

They found him totally at fault for the accident and admitted to beach of duty

Nassir Bechara
Our Approach

Gerard Malouf and Partners lodged a motor vehicle claim against the insurer of the vehicle at fault. After receiving the police report and obtaining statements from our client and the other driver, the insurer admitted to breach of duty of care on behalf of their insured driver. In other words, they found him totally at fault for the accident. Our client took some time for his condition to stabilise after his surgery. After his condition had stabilised, we arranged for him to be independently medically examined and assessed.

Our provided the insurer with full particulars of our client’s claim for non-economic loss, permanent impairment pain and suffering, out-of-pocket expenses, future treatment expenses, loss of wages, loss of superannuation, and domestic care and assistance. The insurer also arranged for him to be medically examined and assessed by its doctors. They also determined that our client was suffering from significant permanent impairment as a result of his injuries and continuing disabilities arising from the accident.

The parties were ordered into a mediation hearing to determine the damages and compensation to be awarded to a client as a result of the negligence of the insured driver. The insurer was ordered, and they agreed to pay the amount of $110,000 damages by way of compensation to our client as a result of his injuries and permanent disabilities arising from the accident.

The Result

Our client was happy with the outcome of the claim where he was compensated with $110,000.

Nassir Bechara Lawyer

Nassir Bechara

Senior Associate
It means a lot to me to defend clients who have been significantly disabled by injuries which have been caused by the negligence of others and to be able to help them receive fair and proper compensation which in most cases will assist in changing their lives
Frequently Asked Questions

More Information

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.

In the ACT, a claim is made up of three stages:

  • Defined benefits
  • Quality of life benefits
  • Common law damages (Quality of life damages)

Under the Motor Accident Insurance Commission CTP Scheme, the injured party must be able to establish the insured driver acted negligently.

In addition to establishing negligence, for an injured party to bring a claim to court, they must have:

  • Reported the claim to the police
  • Provide written notice of the claim to the insurer
  • Hold a compulsory conference

 

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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