Injured driver in rear end collision awarded substantial damages

PUBLISHED 12 Jul 2019

Our client was the driver of a motor vehicle who was driving along a roadway in the Inner West Sydney Business District, when she was struck from behind by a speeding vehicle.  She was able to keep control of the vehicle and came to a stop. The police and ambulance attended the scene and she was taken by ambulance to hospital for treatment. She suffered injuries to her neck and right shoulder.  Her family doctor referred her to have x-rays and physiotherapy treatment. She contacted our office and we lodged the claim form on her behalf with the insurer of the vehicle at fault.  The insurer investigated the circumstances of the accident and obtained statements from our client and the insured driver and accepted liability on behalf of the insured driver.

Due to the ongoing symptoms with her neck and right shoulder, her doctor referred her to an orthopaedic surgeon, and she underwent a steroid injection into her right shoulder to assist with pain relief.  This was in addition to painkillers and physiotherapy treatment. Our client was off work as a hairdresser for some time and she undertook a gradual return to work on light duties, mainly doing reception work.  She was stood down because her employer did not have any lighter duties for her. She obtained alternative employment. This was a fulltime job. It involved significant amount of hairdressing work and she found that holding her arm up caused her too much pain in her right shoulder and right arm.  She was having difficulties with this job and then she began working for another hairdresser within her limitations.

As a result of the medical matters in dispute, our client was referred to the government medical doctor to assess the medical dispute.  The government medical officer determined that our client was suffering from permanent impairment to her neck and right shoulder as a result of the motor vehicle accident in that it had and continued to affect her ability to lead a normal life.  The insurer accepted the findings of the government medical officer in relation to the client’s medical permanent impairment arising from the motor vehicle accident.

We filed our client’s application to proceed to hearing in the matter for her claim for non-economic loss for permanent impairment and pain and suffering, past and future loss of wages, past and future medical treatment expenses, past and future care and legal costs.

The matter was also referred to an informal settlement conference to discuss the medical issues and to determine if the parties would be able to resolve the claim.  At the end of the discussions at the informal settlement conference, the insurer was ordered to pay our client a substantial award in damages in compensation for her injuries, losses and damages arising from the motor vehicle accident. Our client was very happy with the settlement of her claim.

If you are a passenger or driver or been involved in a motor vehicle accident and it is the fault of another party, you may be entitled to receive compensation if you have suffered serious injuries arising from the negligence of the other driver in causing the accident.

Our client in this case was a driver when she was hit from behind by a speeding vehicle causing her to suffer permanent injuries of her neck and right shoulder.  The government medical officer determined that our client’s injuries were of a permanent nature and affected her ability to participate in normal social, domestic, recreational, sporting and employment activities. The insurer was ordered to pay our client a substantial award in damages in compensation for her injuries arising from the negligence of their insured driver.

For a free no obligation consultation, please contact our toll-free number of 1300 768 780 so that an appointment can be arranged for you to attend our office to protect your legal rights in the matter.

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