- 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.
“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%.“
GERARD MALOUF & PARTNERS
Once our client’s injuries had stabilised we gathered all necessary and relevant medical evidence and requested the insurer to concede that the client’s impairment was greater than 10%. The insurer refused to concede and stated that the impairment amounts to 9% as per the AMA Guides 4th Edition.
We then referred the dispute to the Personal Injury Commission. However, in their determination, the Personal Injury Commission found that our client’s injuries amounted to a whole-person impairment of 8% and did not meet the 10% threshold.
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.
We managed to settle the claim for the amount of $330,000 all-inclusive of legal costs. Our client was very pleased with the outcome.
Frequently Asked Questions
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.
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.
Where a vehicle cannot be identified, the legislation provides a nominal defendant, which in most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.
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