Hit and run driver ordered to pay injured passenger compensation!

PUBLISHED 09 Apr 2019

Our client was a passenger in a motor vehicle travelling along a street in Parramatta Sydney. Our client’s motor vehicle which came to a complete stop at an intersection and the vehicle behind our client’s motor vehicle failed to observe the traffic conditions ahead and collided into the rear of our client’s motor vehicle with significant impact and sped off from the scene of the accident.  Details of the motor vehicle which caused the accident and sped off from the scene of the accident were noted.  She then attended to the local police station to report the accident for them to take further action in the matter.

As a result of the accident, our client suffered an injury to her neck and she was having pain radiating down from her neck to both of her arms and hands.  She attended to her family doctor and he referred her to have physiotherapy treatment and analgesics for pain relief and to review her as her condition developed. She was also referred for x-rays, and a claim form was lodged with the insurer for the vehicle that left the scene of the accident. The insurer investigated the circumstances of the accident, including their insured driver and wholly admitted liability for the breach of duty of care of their insured driver.

Our client proceeded with her treatment with her treating doctors and specialists.  She had ongoing pain and stiffness in her neck, headaches, shoulder pain and referred pain down both of her arms and into her hands. Our client was referred to doctors and specialists for further review and treatment including physiotherapy treatment, neurological treatment and psychological treatment. After our client’s medical treatment had been completed we obtained medical reports from her treating doctors and specialists and arranged for her to be independently medically examined and assessed. The medical evidence confirmed that our client was suffering from injuries and disabilities arising from the motor vehicle accident which were affecting her ability to lead a normal life and reduced her capacity to participate in normal social, domestic, recreational and sporting activities.

The insurer arranged for our client to be independently medically examined and assessed and determined that our client was suffering from permanent impairment, however there was a medical dispute in relation to the nature and extent of our client’s permanent impairment.

As a result, the medical dispute was referred to the government medical doctors for assessment purposes. Our client attended to the government medical doctors for assessment purposes and they provided us with medical assessment certificates which determined that our client’s injuries and disabilities arising from the accident were of a permanent nature.  The insurer accepted the findings of the government doctors and their medical certificates.

The basis of our client’s claim was for pain and suffering, past and future treatment expenses, past and future care and domestic assistance plus legal costs. The insurer arranged for informal settlement discussions to discuss the heads of damages of our client’s claim and at the conclusion of the informal settlement discussions, the insurer was ordered to pay our client a substantial award in damages in compensation in respect of her injuries, losses and damages.  Our client was very happy with outcome of the settlement of her claim.

Conclusion

If you are a passenger, driver or pedestrian who have been involved in a motor vehicle accident which is the fault of another party, you may be entitled to receive fair and reasonable compensation if you have suffered serious injuries, losses and damages due to the negligence of the other driver.

Our client’s claim in this case was on the basis that she was a passenger that she was a passenger in a motor vehicle which was hit from the rear with substantial force by another driver.  It was a hit and run accident.  The other driver did not remain at the scene.  The details of the other driver were passed onto the police and the insurer to confirm that it was their insured driver was at fault for the accident. Our client lodged a claim form with the insurer of the vehicle at fault and they admitted a breach of duty of care on behalf of their insured driver as he was negligent in causing the accident.

Once our client lodged the claim for and once her treatment was completed, she was able to be independently medically examined and assessed on the part of all parties, including the government medical doctors to determine the full extent of her injuries, disabilities and continuing symptoms arising from the motor vehicle accident. The insurer for the other vehicle at fault was ordered to pay our client a substantial award in damages in compensation for our client’s permanent injuries, losses and damages.

For a free no obligation consultation, please contact our toll free number on 1300 768 780 so that an appointment can be arranged for you to attend our office to protect your legal rights from any accident that you are involved in as a result of the negligence of another driver which has caused you to suffer serious injuries and disabilities which has and will continue to affect your ability to lead a normal life.

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