Case Overview
- We acted for a client from Western Sydney man who was involved in a motor vehicle accident.
- At the time of the accident, our client was employed however as a result of his injuries was rendered incapacitated for any work.
- After making offers back and forth with the insurer, we were able to reach an agreement and his claim settled for $385,000 inclusive of legal costs.
We acted for a client from Western Sydney man who was involved in a motor vehicle accident. The client was a front-seat passenger in a vehicle stationary at traffic lights. Then the vehicle he was in was hit from behind by another car. The collision caused our client significant physical and psychological injuries.
At the time of the accident, our client was employed however as a result of his injuries 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, however, the insurer rejected requests for treatment and 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.“
GERARD MALOUF & PARTNERS
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. Common law involves a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements. We also filed a claim for the tax paid on the weekly wage benefits received from the insurer.
However, our client’s injuries did not exceed 10% whole-person impairment, which is the threshold for making a claim for pain and suffering. This is also known as damages for non-economic loss. Though as our client was still unable to return to work in the same role he was in at the time of the accident, we were still able to claim a significant amount for future loss of income.
Once we had obtained all the necessary documentation including all details in relation to his prior employment, future career trajectory and all relevant medical evidence, 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 $385,000 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, we were able to reach an agreement and his claim settled for $385,000 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 car accident 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 time, data and take photos of the scene.
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