Our client was seated in the front passenger’s seat of the vehicle being driven by her friend. The driver was speeding and trying to perform a burnout. It was raining and the roads were slippery. As such, the driver lost control of their vehicle, mounted a curb and collided head on with a tree.
Our client suffered extensive physical injuries including L2 compression fracture, injury to the left leg resulting in paranesthesia, several abrasions and bruises to the lower abdomen, scarring in the upper lumbar region and whiplash.
Under the motor vehicle legislation, claimants are only entitled to be paid compensation for pain and suffering if their injuries are assessed as having a whole person impairment of greater than 10%.
Initially, the insurer refused to concede that our client’s injuries exceeded the threshold. However, after disputing this decision we were able to obtain a concession from the insurer. After successfully disputing the extent of her whole person impairment, the insurer also eventually accepted liability for the car accident claim and that our client suffered from non minor injuries.
Despite the significant nature of our client’s injuries, she had persevered in her recovery. However, her earning capacity and ability to work in the future had been impaired by her injuries. Medical evidence we obtained suggested that our client faced the great likelihood that she would have to retire early at the age of 50. These were factors taken into consideration as we prepared to negotiate the economic loss aspect of her claim.
As such, we proceeded to gather all necessary documentary evidence including our client’s prior education as well as medical evidence to prove that our client’s injuries have hindered her from pursuing her chosen career. We invited the CTP insurer to participate in an informal settlement conference and entered the negotiations with a strong position.
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.
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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