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Compensation for mum injured in car accident due to other driver using mobile phone

On or around April, 2014 our client was driving towards the intersection at Hoxton Park, New South Wales with her four children in the vehicle when another motor vehicle behind her failed to observe the traffic conditions ahead and collided into the rear of her motor vehicle. That driver said to our client that he slammed the brakes and that they did not work but in fact he collided into the rear of her motor vehicle as a result of using his mobile phone and failing to observe the traffic conditions ahead.

As a result of the accident our client suffered an injury to her lower back and left hip as well as left leg sciatica. She had aggravated a pre-existing problem she had with her lower back. She attended to her family doctor to report the accident and her injuries.

She first came to our office in late 2014. At that stage she had not lodged any claim form or had the accident reported to the police as required under the legislation as she was not aware that she was required to do so and english was not her first language. She was advised to report the accident immediately and she attended to the nearest police station to report in the circumstances of the accident in order that a police report and an event number is created in relation to the accident.

A motor accident personal injury claim form was then served upon the insurer of the vehicle at fault. After investigating the circumstances surrounding the accident the insurer wholly admitted liability stating that their insured driver owed our client a duty of care, that they breached that duty of care and that as a result our client suffered injuries, losses and damage.

During the intervening period our client was referred by her doctors and specialists for treatment for which the insurer accepted liability. Our client was already on the disability pension due to pre-existing medical problems but which had been aggravated by the motor vehicle accident.

Our client was referred to doctors and specialists for various forms of orthopaedic treatment, physiotherapy, medical practitioner reviews and neurological treatment. Once our client’s treatment had been completed and her condition had stabilised we were able to arrange for her to be independently medically examined and assessed.

Detailed particulars of our client’s claim were provided to the insurer including medical reports from her treating doctors and specialists. She also attended to be medically examined by the insurer’s doctors for assessment purposes.

The medical reports from the client’s treating doctors and specialists including the medico-legal assessments had confirmed that our client’s injuries and disabilities had a significant impact upon her loss of enjoyment of life including her ability to look after herself and her children. A claim was made for care.

As a result of the medical dispute between the parties our client was referred to the government medical doctors for assessment purposes. In relation to her psychological condition it was certified that she was suffering from a major depressive order as a result of the motor vehicle accident. In relation to her ongoing physical symptoms it was certified that she was suffering from ongoing symptoms with her neck and an aggravation of a pre-existing condition with her lower back.

Accordingly, the government medical doctors had certified that our client was suffering from injuries and disabilities arising from the motor vehicle accident.

As a result of these medical assessments, an informal settlement conference was organised with the insurer after having provided further detailed particulars and a schedule of damages in relation to the claim.

Our client was awarded substantial damages which addressed her past and future treatment expenses as well as her past and future care claim based upon the medical evidence establishing that her injuries from the accident affected her ability to lead a normal life.

After allowing all of the relevant deductions including legal costs our client received a substantial award of damages in her favour arising from the motor vehicle accident even though the claim was lodged late and it was reported late to the police due to english not being her first language.


If you are a driver or a passenger who has suffered injuries and continuing symptoms arising from a motor vehicle accident, you may be entitled to receive compensation. It is important to ensure that the accident is reported to the police and the claim form is lodged as quickly as possible.

Once your treatment has been completed and you have been medically examined and assessed and the relevant particulars have been provided to the insurer, the insurer will take a pragmatic view in terms of seeking to resolve matters as early as possible.

For a free no objection consultations, please contact us on our toll free number 1300 768 780 so that an appointment can be arranged for you to attend our offices to protect your legal rights arising from the motor vehicle accident.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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