Case Overview
- Our client was a young minor who was a passenger in a serious motor vehicle accident.
- His injuries rendered him unable to return at full capacity to his job, making him eligible for non-minor compensation coverage.
- We were able to reach an agreement with the CTP insurer of the at-fault driver, and settled his claim for $650,000 inclusive of legal costs.
Our client is a young man from Dubbo who worked as a miner. He was a passenger in a vehicle where the driver lost control of the vehicle when avoiding a police stop and check. The reckless driving caused a serious motor vehicle accident.
As a result of the accident, our client sustained multiple significant physical and psychological injuries. The injuries required extended visits to the hospital, ongoing treatment and rehabilitation services.
Due to the nature of his injuries, he was assessed as having sustained a non-minor injury and could continue receiving wage assistance, and reasonable and necessary medical treatment expense coverage by the CTP insurer of the driver. This determination also meant that our client was eligible to make a claim for both past and future wage losses, as well as the pain and suffering he endured as a result of the accident. However, the latter component was subject to his impairment being greater than 10% of his whole person (total and permanent disability).
“As a result of the accident, our client sustained multiple significant physical and psychological injuries.“
Rita Furfaro
Our Approach
His earning capacity and ability to work in the future had been impaired by his injuries. The medical evidence we obtained suggested that our client faced the great likelihood that he would have to retire early and would be unable to continue working in the mining industry. These were factors taken into consideration as we prepared to negotiate the economic loss aspect of his claim.
We proceeded to gather all necessary documentary evidence including our client’s prior education and medical evidence to prove that our client’s injuries have hindered him from pursuing his chosen career.
We invited the CTP insurer to participate in an informal settlement conference and entered the negotiations with a strong position. After conveying various offers back and forth, we were able to reach an agreement, and settled his claim for $650,000 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
We were able to reach an agreement with the CTP insurer of the at-fault driver, and settled his claim for $650,000 inclusive of legal costs.
Rita Furfaro
Partner
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.
In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.
It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.
TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.
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