Cowra woman receives compensation after sustaining injuries as a passenger in car accident

PUBLISHED 26 Jul 2017

Our client, Mrs S was a passenger in a motor vehicle being driven by her husband in a quiet street in Cowra. As a result of poor visibility caused by poor street lighting and heavy rain, the Claimant’s husband lost control of the motor vehicle and collided into a side barrier of the road.


As a result of the motor vehicle accident Mrs S sustained serious injuries to her left foot, left ankle, right shoulder/arm and psychological injuries.


Mrs S was unsure as to whether or not she had any rights to bring a claim as a result of the motor vehicle accident. Following the accident Mrs S immediately contacted Gerard Malouf and Partners Personal Injury Lawyers for legal advice.


Action Taken:

Mrs S was notified that even though the vehicle that caused the accident was driven by her husband, she was able to bring a claim for personal injury.  With the help from one of our Personal Injury Lawyers, a personal injury claim form was lodged with the relevant CTP Insurer.


In less than one month after the claim form was lodged, the CTP Insurer accepted liability in the claim, admitting that the driver breached his duty of care owed to our client.


We scheduled Mrs S in to see various medico-legal doctors to ascertain the nature of her injuries, the impact that her injuries will have on her everyday life and the possible future treatment expenses she will incur as a result of the motor vehicle accident.


Once our medical evidence was collected, it was served on the insurer, accompanied with particulars pursuant to Section 85 of the Motor Accident Compensation Act (NSW) 1999 (“The Act”).


The purpose of providing the CTP insurer with these particulars is to enable them to assess the value of the claim. As soon as Section 85 Particulars have been served, the insurer has the responsibility to provide the Claimant within an Offer of Settlement pursuant to Section 82 of the Act. In the event that the Insurer fails to provide the Claimant with an Offer of Settlement within two (2) months of the date of receipt of the particulars, the Claimant is entitled to proceed to refer the matter to CARS for assessment pursuant to Section 89E(b) of the Motor Accident Compensation Act.


Understanding that our client was eager to settle her claim quickly and to avoid causing her any unnecessary delay, we conveyed an Offer of Settlement to entice the insurer to either settle the claim or begin the negotiation process.

The insurer accepted the Claimant’s offer and the matter quickly resolved. Mrs S was delighted with the outcome and did not think that it was possible to settle the matter in such a short amount of time.

If you have been involved in a motor vehicle accident and suffered serious injuries, than you to could be entitled to compensation for your injuries.

If you would like any advice then please feel free to contact us on our toll free contact number, 1800 004 878 and arrange a no obligation consultation with one of our Personal Injury Accredited Specialist.

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