Our client was an elderly pedestrian who was hit by a car whilst walking through a shopping centre car park on the South Coast of NSW. Our client was rushed to hospital where he was treated for injuries to his arms and legs. Realising that his injuries were significant our client contacted Gerard Malouf and Partners seeking expert assistance in managing his motor accident compensation claim.
The expert team at Gerard Malouf and Partners promptly served a claim form on the relevant CTP insurer so as to cover the initial costs of treatment and in particular extensive surgery for our client. Surgery which was ultimately undertaken to enable our client to return to work.
Despite this extensive surgery our client still experienced pain and stiffness in his joints. Our client experienced pain in his joints if he either sat or stood for more than a few minutes and he could no longer carry more than a few kilograms. These restrictions had an impact on our client’s standard of living in particular his ability to earn an income without hindrance. Our client was no longer able to perform basic housework tasks and household shopping and found that after a long day at work he could do little else but sit and rest.
The insurance company in this matter ultimately denied the claim suggesting that a motor vehicle in a car park, where it is common for pedestrians to be walking around, has no responsibility to ensure the safety of persons around them. Gerard Malouf and Partners strenuously opposed this position and filed formal court proceedings in the district Court of New South Wales advocating the rights of our client and pedestrians in general.
David Cossalter also arranged for our client to be assessed by specialist doctors who determined the extent of our client’s injuries. With this information, and the knowledge that pedestrians have rights on roads, Gerard Malouf and Partners was able to successfully enter into negotiations with the insurer where we were able to achieve a settlement of $150,000. Our client was happy to accept this offer and as a result the matter was settled and proceedings came to an end.