Maroubra woman receives over $350,000 compensation following rear end car collision

PUBLISHED 31 Jul 2017

A woman from Maroubra has received over $350,000.00 following a rear end collision. Our client was stationary at a set of traffic lights. As she was sitting at the lights, the vehicle at fault in the accident has failed to stop and has collided with the rear of our client’s vehicle at speed.

As a result of this accident, our client sustained serious injuries to her neck, back, right shoulder and right hip. The injuries were of such a severity that our client required surgical intervention.

Following the accident, this woman contacted the no win no fee solicitors of Gerard Malouf and Partners and arranged a free, no obligation, initial conference.

During the initial conference, the motor vehicle accident specialists advised our client of her rights. In order to commence a lump sum claim for a motor vehicle accident, a Personal Injury Claim Form is required to be filled out with 6 months of the date of accident. During the initial conference, the personal injury solicitor of Gerard Malouf and Partners filled this form out with our client, to ensure there would be no delay in the matter.

Once this claim form is filed, the insurer of the vehicle at fault has 3 months to provide you with a decision on liability. In these circumstances, this client was delighted with the service offered to her and was happy to retain Gerard Malouf and Partners as her solicitors. Within the 3 month period, the insurer accepted liability, meaning the remaining dispute was the value of the claim. Accepting liability also ensure that the insurer will be for all reasonable medical treatment expenses.

With motor vehicle accident claims, there are a number of heads of damages that can be claimed. These are as follows:

  1. Pain and suffering;
  2. Past Economic Loss;
  3. Future Economic Loss;
  4. Past Domestic Care and Assistance;
  5. Future Domestic Care and Assistance;
  6. Past Out-of-Pocket Expenses; and
  7. Future Out-of-Pocket Expenses.

Given the significant nature of our clients injuries she was entitled to all of the above heads of damages.

Following the obtaining of medical evidence which commented on how the injuries would affect our client going into the future and how it would affect her ability to work or perform domestic duties, the accredited motor vehicle accident specialists of Gerard Malouf and Partners invited the insurer to attempt to settle the claim.

It is necessary to have this medical evidence prior to any settlement conference as pain and suffering can only be claimed if the injuries are at a certain level. Medico-legal experts perform assessments to determine the Whole Person Impairment of an injured person. In order to claim pain and suffering, an assessment of over 10% Whole Person Impairment is needed. Our client exceeded the threshold and a relevant claim was made incorporating pain and suffering.

The matter went to an Informal Settlement Conference, and the no win no fee lawyers of Gerard Malouf and Partners were able to negotiate a settlement amount of over $350,000.00, an offer which the client was very happy to accept.

If you or anybody you know has a motor vehicle accident claim please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.

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