Central Coast cyclist receives substantial compensation as a result of being hit by an unidentified motor vehicle

PUBLISHED 19 May 2016

Our client was a 21 year old bicycle rider who was riding on his way home in the early hours of march 2014 when he was struck by an unidentified motor vehicle along pacific street, long jetty.

Our client had the right of way at the roundabout intersection when he was struck by the unidentified motor vehicle. He was flung some distance and he came to rest some distances from the point of impact.

The unidentified motor vehicle stopped temporarily before speeding off from the scene of the accident.

As a result of the significant impact and being hit from the left side whilst riding his bicycle through the roundabout, our client was thrown from the bike and landed on the left side and suffered a laceration to his scalp and left ear, abrasions on both knees, neck and back injuries and psychological injuries. He was taken by ambulance to gosford hospital for treatment and then he was discharged to the care of his medical practitioner.

Police from tuggerah lakes police station attended the scene to investigate the accident and interview our client concerning the circumstances of the accident.

Despite our client’s best endeavours and those of the police who attended the scene, they were not able to locate the details of the unidentified driver of the motor vehicle which struck our client and caused him significant injuries in the early hour of the morning of march 2014.

With our assistance, our client undertook appropriate enquiries to locate the details of the insured vehicle and the driver of the vehicle which caused the accident. That included an advertisement in the central coast express, the client making enquiries with the local shops, petrol stations and businesses and home owners in the area to ascertain if they saw or heard anything in relation to the accident including obtaining any video evidence on or around the time of the accident.

As a result, we had to lodge a claim form with the motor accidents authority who had administered the claim on behalf of the nominal defendant for the unidentified motor vehicle and driver that was alleged to have caused the accident. The authority passed the matter on to one of its insurers to manage the claim.

After undertaking a thorough investigation of the accident, the insurer admitted liability for negligence of its unidentified motor vehicle and driver and pleaded contributory negligence on the part of our client by reason of him not wearing a helmet and that he did not have reflective lights on his bicycle at the time of the accident. This was intended to be challenged had the matter proceeded to a full court hearing.

The client underwent treatment x-rays and review with his medical practitioner and his condition stabilised sufficiently so as to be medically examined and assessed. He was also medically examined and assessed at the request of the insurer to assess the various heads of damages in respect of his claim. A claim was put in for non-economic loss for permanent impairment, pain and suffering, past and future treatment expenses, past and future loss of wages, past and future loss of superannuation and past and future care.

A detailed schedule of damages was served upon the insurer as well as providing further and better particulars to the full nature and extent of the claim.

The insurer participated in an informal settlement conference and our client received a substantial award for damages in respect of his claim. Our client was extremely satisfied with the outcome and settlement of the claim and it exceeded its expectations with the assistance of his parents.

Conclusion:-

Our client was able to receive a substantial award of damages as a result of his injuries and disabilities arising from the motor vehicle accident in march 2014 even though it was caused by the negligence of an unidentified vehicle/driver. Whilst the insurer accepted liability, they none the less pleaded contributory negligence on the part of our client which was intended to be challenged at any future court hearing.

Once all of the relevant liability matters had been addressed including providing due search and enquiry for the unidentified motor vehicle and driver and the provision of detailed particulars and medical evidence, we were encouraged by the insurer’s efforts to participate in settlement and informal settlement discussions for the purposes of resolving the claim for this young bicycle rider. At the end of those settlement discussions our client was awarded substantial compensation for his injuries and disabilities arising from the accident.

If you are a driver, pedestrian or even a bicycle rider who has suffered serious injuries and disabilities as a result of a motor vehicle accident which was caused by another driver or even an unidentified motor vehicle and unidentified driver, you may still be entitled to claim compensation for your injuries and disabilities arising from the accident. Just because the other vehicle is unidentified as is the other driver does not mean that you cannot claim compensation. The relevant legislation protects injured persons who suffer serious injuries that are caused by the negligence of unidentified motor vehicles and drivers who cause accidents and leave the scene of the accident. That was the case for our client in relation to his claim.

For a free no obligation consultation, please contact our toll free number 1300 768 780 so that an appointment can be arranged for you to attend to protect your legal rights arising from any injuries and disabilities and losses that you have suffered from a motor vehicle and/or motor cycle or bicycle accident.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.