Child Receives $45,000 in Compensation after a Motor Vehicle Mounted Kerb Killing Cousin

PUBLISHED 17 Jul 2017

Ms P was walking to school with her sister and cousin when another driver lost control of his motor vehicle resulting in the motor vehicle mounting the kerb and striking the cousin killing him at the scene. Ms P was not injured physically but she did suffer psychological trauma as a consequence of seeing her cousin on the ground.

As a result of the accident Ms P was transported to hospital to where she was treated.

Upon her discharge Ms P’s father contacted Gerard Malouf and Partners to ascertain whether or not her daughter had any entitlements to make a claim.

Action Taken:

At Gerard Malouf and Partners a personal injury claim form was lodged on behalf of Ms P and a claim number was allocated by the third party insurer who ultimately accepted liability for the accident.

When Ms  P’s injuries had stabilised we arranged for her to be assessed by various doctors including a  psychiatrist,  an occupational physician and an occupational therapist. All of these doctors commented on Ms P’s injuries and her need for treatment, her capacity to work and her need for domestic care and assistance.

The insurer refused to accept that  Ms P’s injuries were greater than 10% therefore a dispute arose which was referred to the Medical Assessment Service to determine. The Medical Assessment Service appointed doctors who assessed Ms P and those doctors found that her injuries were less than 10% whole person impairment.

Following receipt of those reports an appointment was arranged to discuss the matter at an informal settlement conference and after substantial negotiations the matter resolved.


Mr P and her father were thrilled with the outcome as she was not expecting to receive that much compensation however she was thankful and grateful that the firm was able to put that sum of money for her which was to be invested until she attained the age of 18 years .

If you have been involved in a motor vehicle accident and you are unsure of your rights then you may be entitled to make a claim. Please contact Gerard Malouf and Partners on our toll free number “1800 004 878” to arrange a free no obligation consultation with one of our accredited personal injury specialists in Motor Accident Law.

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