CTP Insurer pays out for motor vehicle accident despite the claimant passing away of unrelated disease

PUBLISHED 10 Jul 2014

In this matter we acted for a 67 year old woman who motor vehicle accident (MVA) at North Sydney and suffered injuries to her sternum.

As usual, we carried out our independent forensic investigations with respect to the issues of liability obtained photos from client, police report as well as requesting medical records from our client’s family doctors.

After obtaining instructions from our client and collating the medical evidence in the case, we commenced proceedings with the Motor Accident Authority of New South Wales. Sadly as a result of a pre-existing condition, unrelated to the accident, our client passed away.

We then received instructions from the Estate of our client to fight the matter and have the injuries caused by the motor vehicle accident assessed.

The CTP Insurer admitted its liability but argued that no damages were due as the claimant had passed away.

After collating all medical material available from both our experts and the treating doctors of our client in her lifetime, we referred the matter to the Medical Assessment Service (MAS). As our client passed away, the Defendant could not have our client examined by their doctors.

MAS assessed the injuries caused by the accident did not cause a whole person impairment

Prior to having the matter referred by a Claim Assessment & Resolution Service (CARS) , we arranged a conference with the CTP Insurer in a final attempt to resolve the claim without the need to incur the cost of a further assessment.

At conference we were able to persuade the Defendant’s solicitors that our client’s position was both genuine and realistic. We then secured a settlement for over $35,000.00.

Our client was happy to have received a fair compensation without having to go through the difficulties posed by a hearing.

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