Case Overview
- Our client sustained both physical and psychological damages in a four-car accident which kept her from returning to her career.
- Although the at-fault driver came forward and assumed responsibility for the damages, his CTP insurer denied our client compensation.
- After making offers back and forth with the insurer, we were able to reach a settlement for $650,000 inclusive of legal costs.
We acted for a client from Western Sydney who was involved in a serious motor vehicle accident. Our client was stationary at a traffic light when a truck, driving too fast to slow down in time, ran into a car behind our client’s car. This pushed her into the vehicle in front.
The collision caused our client significant physical and psychological injuries.
At the time of the accident, our client was employed as a nurse in Western Australia. As a result of her injuries, however, she was incapable of returning to work.
A claim was lodged with the Compulsory Third Party (CTP) insurer of the driver at fault who accepted liability. Throughout the claim, however, the insurer rejected requests for treatment as well as questioned the capacity of our client to return to work.
At this time our client reached out to GMP Law for guidance on getting the compensation she needed.
“We acted in accordance with our no-win, no-fee policy and lodged disputes with the insurer challenging their decisions in relation to treatment and payment of wages.“
Rita Furfaro
Our Approach
Given that our client had suffered from a loss of income, she was entitled to bring a claim for common law damages. Common law damages includes a lump sum claim for past and future loss of income, past and future loss of superannuation entitlements and the tax paid on the weekly wage benefits received from the insurer.
Our client’s injuries did not exceed 10% whole person impairment, which is the threshold for making a claim for pain and suffering, or damages for non-economic loss. Though as our client was still unable to return to work in the same role she was in at the time of the accident, we were still able to claim a significant amount for future loss of income.
We had obtained all the necessary documentation such as details about her prior employment, future career trajectory and all relevant medical evidence, With the evidence we needed, we were able to participate in a settlement conference with the insurer to try and negotiate an agreement on the claim.
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
After making offers back and forth with the insurer, we were able to reach a settlement for $650,000 inclusive of legal costs.
Rita Furfaro
Special Counsel
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 careers. 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.
If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen. If you can’t perform the daily tasks that your job requires, you may be able to claim a Total & Permanent Disability (TPD) benefit.
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