Newington man awarded over $283,500 in compensation following a motor vehicle accident

• An elderly man attempted to cross the Snowy Mountains Highway and was hit by a car.
• As a result of the accident, our client sustained various significant injuries.
• The client was able to settle the claim for the amount of $330,000 all-inclusive of legal costs.

This matter involved an elderly man from Newington who attempted to cross the Snowy Mountains Highway when the driver of the vehicle at fault entered the road negligently and subsequently hit the man. 

As a result of the accident, our client sustained various significant injuries including injury to the right ankle, right fibula, right toe, right calf, right hip, and right knee. These injuries demanded extensive treatment from hospitals, ongoing GP visits, and multiple rehabilitation sessions. In addition to the physical injuries, our client sustained psychological damage and was required to undergo a psychological treatment. 

An application for personal benefits and a certificate of capacity were lodged with the CTP insurer of the driver at fault. The CTP insurer accepted the initial liability of the insured driver and subsequently admitted that our client was not wholly or mostly at fault for the accident and that he sustained more than a minor injury as a result of the accident. According to the current legislation governing motor vehicle accidents, our client was thus entitled to have their reasonable and necessary treatment and medical expenses covered by the CTP insurer of the driver at fault. 

To be eligible for a claim under the common law, our client was required to show that his injuries amount to a whole-person impairment greater than 10%. Our client was a pensioner and his common-law claim comprised only of non-economic loss which included pain and suffering.