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Woman Gets $400K Compensation after a Serious Motor Vehicle Accident

Case Overview
  • Our client from Bankstown was involved in a serious motor vehicle accident and sustained injuries to her head, neck, back, and chest.
  • The other driver was traveling in the opposite direction of our client but failed to give way when making a right turn, resulting in a T-bone collision.
  • GMP was able to reach an agreement, and her claim was settled for $400,000.

We acted for a client from Bankstown who was involved in a serious motor vehicle accident. The other driver was travelling in the opposite direction of our client but failed to give way when making a right turn, resulting in a T-bone collision. Our client sustained injuries to her head, neck, back and chest.

Under the current Motor Accident Law, if you sustained more than a “minor injury” (e.g fractures, tears, nerve damage), and are not mostly at fault,  the CTP insurer is required to accept your claim, and are liable to pay statutory benefits beyond the initial 6 months, that is, weekly wage payments for any time off work, as well as your reasonable and necessary medical and treatment expenses.

Initially, the insurer determined that our client sustained minor injuries. However, after disputing this decision, the insurer conceded that her injuries were non minor. This entitled her to statutory benefits including reasonable and necessary medical and treatment expenses.

“We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.”


Rita Furfaro
Our Approach

Our client’s injuries were so significant that after providing indisputable evidence to the insurer, they eventually conceded that her injuries exceeded the 10% whole person impairment threshold. This entitled her to bring a claim for common law damages which is a lump sum claim for not only past and future loss of income, past and future loss of superannuation entitlements, and a claim for the tax paid on the weekly wage benefits received from the insurer, but also additional compensation for ‘pain and suffering’.

Furthermore, the insurer conceded that our client was not at fault and did not contribute to the cause of the accident. As such, there was nothing impeding her claim for lump-sum compensation. We invited the insurer to participate in an informal settlement conference to negotiate settlement of the claim.

If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Our team ensures that your claims have been investigated correctly to ensure you receive justice in the form of compensation. If you have been injured in a motor vehicle accident, contact the team at Gerard Malouf & Partners on 1800 004 878 to speak to one of our expert solicitors.

The Result

After making offers back and forth with the insurer, we were able to reach an agreement and her claim settled for $400,000. Another excellent result for our valued clients.

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.
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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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.
Lawyers
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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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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