In this matter we acted for a 22 year old young man who was involved in an motorcycle accident when a car pulled out of a driveway in front of his bike in Bondi and suffered injuries to his left leg.
As usual, we carried out our independent forensic investigations with respect to the issues of liability (obtained photos from client and a 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 in MAA.
The CTP Insurer admitted its liability and we did not need to retain an engineer to provide expert evidence on the issue of liability. Our expert provided us with a comprehensive report in which he addressed the issue of (foreseeability/contrib negligence/proper cleaning system/slippery coefficient etc).
We also arranged for our client to undergo a clinical examination with an orthopedic specialist and sought their view on what the future held for our client with respect to his injury. The medical evidence obtained from our medical expert and our client’s treating doctors all assisted in strengthening the case.
The CTP Insurer requested to have our client examined by one of their doctors who provided a medical report. The opinion contained in the report produced by the CTP Insurer conflicted with the findings of our medical expert with respect to future economic loss, future need for treatment as well as past and future ability to attend to home chores and tasks.
Prior to having the matter referred to CARS assessment, we arranged a conference with the CTP Insurer in a final attempt to resolve the claim without the need to incur the cost of litigation.
At the informal settlement conference we were able to persuade the CTP Insurer that our client’s position was both genuine and realistic. We then secured an injury compensation settlement for over $45,000.00.
Our client was happy with his injury compensation and with being able to resolve the matter without having to go through the difficulties and delays posed by a CARS Assessment.