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Compensation for late claim passenger injured in major motor vehicle accident

On or around January, 2014 our client was living in Canberra when he was a front seat passenger involved in a high speed single car motor vehicle accident along the Hume Highway, Narumbulla Creek, 1 km north of Towrang in the State of NSW.

It was classified as a major traffic crash. The motor vehicle rolled over many times before it came to rest. Our client was ejected from the motor vehicle. Our client suffered crush fractures to his mid back. He also injured pre-existing physical injuries in a motor vehicle accident some 25 years ago.

Our client was taken to Goulburn Hospital by ambulance wherein he received treatment for his crush fractures of his spine. He was also suffering from pre-existing psychological and drug issues for which he was still receiving treatment.

Police attended the scene of the accident. It was determined that the vehicle lost control before rolling several times and coming to rest on the medium strip.

Our client first instructed us in October, 2014 outside the mandatory period in which to lodge a claim form from the date of the accident. We immediately lodged a claim form and provided the insurer with a full and satisfactory explanation as the reasons for the delay in the late lodgement of the claim form. Our client is a person under a medical disability and he was also incarcerated at her majesty’s pleasure for a period of over six months in relation to previous existing breach of parole matters which precluded him from being able to lodge the claim form within the relevant time period.

Once we provided the insurer with an explanation as to the late lodgement of the claim form, the insurer began undertaking an investigation with respect to the accident to determine fault. After undertaking a detailed factual investigation and obtaining the ambulance report and police report, the insurer admitted liability for breach of duty of care on behalf of their insured driver being responsible for the cause of the motor vehicle accident.

We provided the insurer with detailed particulars of the claim and hospital medical records as well as a medico-legal assessment. The insurer also arranged for our client to be medically examined and assessed for assessment purposes.

The particulars of the claim and the medical evidence was able to establish that our client suffered a significant loss of enjoyment of life and a reduced capacity to participate in normal social, domestic, recreational, sporting and employment activities as a result of his injuries and disabilities arising from the motor vehicle accident.

An informal settlement conference was arranged between the parties after providing detailed particulars and a schedule of damages with respect to the claim. Prior to this informal settlement conference the client had been deported back to New Zealand in relation to breach matters. We were still able to obtain instructions from him for the purposes of trying to resolve the claim.

After discussing the various liability and medical issues, the parties were able to resolve the claim on the basis that our client received a substantial award of damages in his favour even after allowing all relevant deductions for all related expenses including legal costs. He was very pleased with the outcome of the settlement of the claim considering that the claim was lodged quite late for circumstances which were satisfactorily explained. This was an outcome which our client never expected to occur, but for us acting so swiftly, and lodging the claim, was he able to proceed with the claim to a satisfactory outcome.

Even if you are a driver, passenger or pedestrian who has suffered injuries in a motor vehicle accident and have lodged the claim form late, you may still be entitled to receive compensation with respect to your injuries and continuing disabilities arising from the accident.

Even though the claim form was lodged late, we were still able to provide a full and satisfactory explanation as to the reasons for the delay, the late lodgement of the claim form and obtain all of the liability and medical evidence including providing detailed particulars so as to place the insurer in a position where they were able to make an offer of settlement and resolve the totality of the claim.

For a free no obligation consultation, please contact us on our toll free number 1300 768 780 so that an appointment can be arranged for you to attend our Canberra or Sydney Offices to protect your legal rights in the matter.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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