Motor vehicle drivers negligent driving on T-way intersection leads to $90,000

PUBLISHED 31 Oct 2013

Our client was riding his bicycle on a small road and was approaching a main road. At the intersection, he made to turn right onto the main road. At the same time, the driver of a motor vehicle on the main road made a sharp right turn onto the small road. The driver drove in such a way that he turned into our client’s path and collided into our client. Our client was catapulted over the car and landed on the roadway.

As a result of the motor vehicle driver’s negligence, our client sustained a major injury to his right and left ankle and therefore could not walk. Our client had to undergo physiotherapy, and was treated with rest and medication. Our client had significant difficulty travelling to and from work as a result of his injury. He suffered from the continuing pain and stiffness in both ankles, as well as significant back pain. He found that when he stood for a long period of time, the pain in his back was exacerbated. He started to feel helpless around the household, as he was no longer able to help his wife with domestic chores, such as vacuuming the house and hanging out the washing.

Our client approached our firm, Gerard Malouf and Partners, because he wanted a team of experienced, passionate and professional lawyers to represent him in this matter. Christine Beshay, one of our solicitors who specialises in Motor Vehicle Accident Claims, took on his case. He was impressed with the enthusiastic and efficient way in which Christine dealt with his matter.

Within a matter of days, Christine had already requested the relevant documentation, such as the Plaintiff Claim Form, Medical Certificate, NSW Police Report, NSW Ambulance Report and medical notes of his treating doctor. Medico-legal appointments were arranged to take place between the client and various physiotherapists, psychologists and occupational therapists, so that we could accurately gauge the extent of our client’s injuries. Armed with this documentation, Christine was able to formulate a strong legal argument against the driver.

Due to the strength of our argument, the driver’s insurer immediately accepted liability. The issue remained as to whether our client exceeded the 10% whole person impairment (which would determine whether he would be entitled to an award for general damages, such as pain and suffering). The MAS assessment determined that our client’s whole person impairment was less than 10%, however we were still able to secure a $90,000 for our client at an Informal Settlement Conference. The client was pleased with the result, and was grateful that the matter did not go to Court, as he did not have the resources nor the time to do so.

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