We acted for Mr S who was injured as he attempted to cross Rooty Hill Road whilst he was carrying a box of beer. It was a flat road and it was daylight and as Mr S attempted to cross the road he had managed to cross half of the road before being struck on the opposite side of the road by vehicle travelling in the opposite direction. A claim form was lodged on Mr S behalf and liability was denied by the insurer who indicated that the accident was caused by Mr S and due to his failure to keep a proper look out. As a result of the insurer’s denial, court proceedings were commenced in the Sydney District Court and various medical appointments were arranged for Mr S in order to determine the level of his impairment.
Mr S suffered significant injuries including a head injury and multiple fractures. His injuries were assessed by our doctors as being greater than 10% whole person impairment under the AMA guidelines. The insurer refused to accept that Mr S injuries were greater than 10% and we were forced to refer the matter to the medical assessment service (MAS) who assess Mr S. The reports from MAS came back greater then 10% whole person impairment and for that reason Mr S was entitled to claim pain and suffering.
The solicitor’s for the Defendant had extended an invitation to our offices to attend their offices in the city for the purposes of discussing settlement of the matter. Despite the difficulties with liability, the insurer still offered the sum of $480,000.00 to Mr S who agreed to accept it.
Mr S was delighted with the result that he had achieved particularly as he thought he was at fault in the collision and he was unsure as to whether he was entitled to any compensation.
If you have been struck by a motor vehicle as a pedestrian crossing the road at the traffic lights, at a pedestrian crossing or any other part of the road and you are unsure as to whether you have rights to claim then you may wish to contact our office for a no obligation free consultation where we can provide you with advice in relation to your rights.
Even if you believe you are at fault in a collision as a pedestrian then there may still be a possibility of us establishing that the other driver saw you or ought to have seen you and avoided you. If this can be established then you may be entitled to compensation.
We are highly accredited firm specialising in personal injury. We can offer you advice and great service. We are large enough to fight the large insurer’s and represent the individual as we have the financial capacity to do so with the expertise to achieve success on 99% of matters.
Please contact Ray Abbas of Gerard Malouf and Partners if you want further advice on any aspect of the issues raised.