Change location v

Coffs Harbour Man Receives $1,900,000 in Compensation After a Motor Vehicle Accident

Case Overview
  • We acted for a client from Coffs Harbour who was involved in a serious motor vehicle accident. The driver failed to give way when exiting a driveway, when attempting to avoid the collision the defendant pushed onto their accelerator instead of the brake. This caused a major collision and our client’s vehicle was lifted on to two wheels and pushed 40 metres up the road.
  • At the time of the accident, our client was employed however as a result of his injuries was rendered incapacitated for any work.
  • A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability. Throughout the claim however, the insurer rejected requests for treatment as well as questioned the capacity of our client to return to work.
Our Approach

We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.

Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages which is a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements as well as a claim for the tax paid on the weekly wage benefits received from the insurer.

Our client’s injuries were so significant that after successfully disputing the extent of his whole person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole person impairment threshold. This entitled him to also receive compensation for pain and suffering. This is also known as damages for non-economic loss.

However, the battle was not yet won. Once we had obtained all the necessary documentation including all details in relation to his prior employment as well as all relevant medical evidence, we were able to participate in a settlement conference with the insurer to try and negotiate a settlement of the claim.

After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $1,900,000 inclusive of legal costs.

The Result

We secured a settlement of $1.9m for our client.

Rita Furfaro

Special Counsel
You're in Expert Hands

Have you been injured in an accident? Call us for free advice.

About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

Your location is currently: