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Cleaner settles a motor vehicle accident claim despite making more money in her company after her car accident

Ms MC was travelling on the M5 East tunnel when a car travelling at a much higher speed collided into her causing her to further collide with the side barrier. This high speed accident caused Ms MC to suffer serious whiplash injuries to her person, in particular, to her cervical spine.

Ms MC operated a cleaning business as well as being a salesperson for OPSM as a second job.

A significant part of her income was derived from her cleaning business. As a consequence of the motor vehicle accident, a lot of her injuries prevented her from actively working in her business which required her to employ her son to assist her. This meant an initial loss of income as wages to her son in the amount of $35,000 per annum. This would have been a significant loss of income as the potential loss to the balance of her working life if this loss continued could have been significant.  Despite the accident, her business contracts increased which resulted in an increase of income being derived through her own business.

Ms MC’s injuries did not exceed at assessment the threshold of 10%, however, medical reports confirm that they had a negative impact upon her employment, her business and her activities of daily living.

Initially the insurer had accepted liability, however, denied Ms MC’s injuries were significant enough for compensation.

Extensive submissions were prepared on Ms MC’s behalf. These were submitted to the insurer for reconsideration which afforded us an opportunity to bring her matter to an informal settlement conference.

At the motor vehicle accident claim informal settlement conference, offers were exchanged and the matter was resolved for $104,000. Our client was extremely happy with the result and is now able to move on with her life and her business.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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