Case Overview
- While making a turn, a driver ran into our client without giving way, causing an accident.
- As a result of the accident, our client was unable to work for his employer.
- After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $550,000 inclusive of legal costs.
We acted for a client from Maitland who was involved in a serious motorcycle accident. The other driver collided with our client when turning into our client’s path without giving way. The accident caused our client significant physical and psychological injuries.
At the time of the accident, our client was employed. As a result of his injuries, however, he was rendered incapacitated for any work.
A claim was lodged with the CTP insurer of the driver at fault who accepted fault and liability. Throughout the claim, the insurer questioned the capacity of our client to return to work.
“We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.“
Rita Furfaro
Our Approach
We acted in accordance with our ‘’No Win No Fee’’ policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.
Given that our client had suffered from a loss of income, he was entitled to bring a claim for common law damages which is a lump sum claim for past and future loss of income, superannuation entitlements and a claim for the tax paid on the weekly wage benefits received from the insurer.
Our client’s injuries were so significant that after successfully disputing the extent of his whole-person impairment, the insurer eventually conceded that his injuries exceeded the 10% whole-person impairment threshold. This entitled him to also receive compensation for pain and suffering and noneconomic loss.
However, the battle was not yet won.
We obtained all the necessary documentation including all details in relation to his prior employment and relevant medical evidence. Next, we were able to participate in a settlement conference with the insurer to negotiate a settlement of the claim.
After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $550,000 inclusive of legal costs.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
The Result
After making offers back and forth with the insurer, our client’s claim settled for $550,000 inclusive of legal costs.
Rita Furfaro
Special Counsel
Frequently Asked Questions
More Information
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including the time, date and take photos of the scene.
Getting hit by a car when you are driving a motorcycle can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.
The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.
At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve
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