We represented Mr A, a pensioner living in Chatswood, who was involved in a motor vehicle accident in December 2016.
Mr A turned left into a side street on a green light. The motor vehicle at fault went through the intersection on a red light and collided with Mr A’s vehicle.
As a result of the accident, Mr A suffered injuries to the neck, knee, hand as well as psychological injury.
Mr A had never been involved in a previous motor vehicle accident and had not made a motor vehicle accident claim before. He contacted Gerard Malouf and Partners Compensation Lawyers for legal advice. After the initial consultation, we assisted Mr A by helping him fill in the personal injury claim form and lodging it with the CTP insurer. Upon receipt of the claim form, the CTP insurer accepted liability.
Mr A was examined by an orthopaedic surgeon and we obtained a report that determined the severity of the injuries suffered by Mr A, need for future treatment as well as the requirement for domestic care and assistance.
We served the report and advised the insurer that we believe his injuries exceed the 10% whole person impairment threshold required for him to receive damages for pain and suffering. The insurer disagreed with us and the matter was referred to the Medical Assessment Service to determine his whole person impairment.
A certificate was issued and while it was determined that his injuries were caused by the accident, his injuries were assessed as 5% whole person impairment which did not entitle him to recover damages for pain and suffering. This did not mean that Mr A did not have a claim; Mr A was still entitled to claim for past and future treatment and domestic care.
An informal settlement conference was arranged with the CTP insurer during which we reached an agreement. Mr A was ecstatic with the result.
If you have been involved in a motor vehicle accident either as a driver, passenger or a pedestrian and have suffered injuries which prevent you to undergo your household domestic duties; you may be entitled to compensation.
If you would like any advice on whether you have rights to make a personal injury claim, feel free to contact us on our toll free number 1800 004 878 and arrange a NO OBLIGATION consultation with one of our accredited personal injury specialists.