San Souci motor vehicle accident results in elderly driver receiving substantial award of compensation for neck & back injury

PUBLISHED 03 May 2018

Our client was an elderly driver who was driving in an easterly direction along a street in San Souci, being a southern Sydney suburb in the state of NSW. As our client came towards an intersection, another vehicle came out suddenly from behind a parked car and collided with the left hand side of our client’s vehicle. It caused our clients vehicle to cross the road before the point of impact. That driver accepted that they were at fault at the scene of the accident and admitted as much to our client and also police that attended the scene of the accident. Our client was taken by ambulance to St George Hospital where he was treated in relation to his injuries to his neck and lower back.

Our client consulted us and we made sure that the claim form was lodged with the insurer for the vehicle at fault. After they had undertaken an investigation of the issue of liability, they admitted liability for negligence on behalf of their insured driver. Therefore, they were prepared to pay for our client’s reasonable and necessary treatment expenses arising from the accident.

Our client’s family doctor referred our client to have physiotherapy treatment and x-rays in relation to his injuries to his neck and back. They were of an ongoing basis and constant and would be the subject of ongoing medical treatment and review due to the ongoing nature of our client’s symptoms he was referred to a sports physician and a neurologist for further treatment.

The insurer paid for our client’s reasonable and necessary treatment arising from his injuries sustained in the accident. Once our client’s medical treatment had been completed, we obtained medical reports from his treating doctors and specialist. We also arranged for him to be independently medically examined and assessed.

We received medico-legal independent medical specialist evidence that our client was suffering from permanent symptoms in relation to his neck, mid-back and lower back as a result of the motor vehicle accident. As a result of the medical dispute between the parties, the medical dispute was referred to the government medical doctors for the purposes of determining the medical dispute.

Our client attended to the government medical doctors and they both determined that our client was left with significant percentage of whole person impairment with respect to his physical symptoms and incapacity and also ongoing psychological consequences due to his anxiety and emotional effects since the accident. These government doctor medical reports were binding on the parties.

As the insurer accepted the government doctors medical assessments of permanent impairment of our client, we provided full details and particulars of our clients claim to the insurer. We also arranged for an informal settlement conference with the insurer for the purposes of resolving the claim. The insurer accepted our clients claim and his ongoing symptoms and were ordered to pay our client a substantial award in damages in compensation for his injuries, losses and damages arising from the motor vehicle accident. Our client was very pleased with the outcome of the settlement of the claim.


If you are a driver of passenger or pedestrian involved in a motor vehicle accident in which you are not at fault and you have suffered serious injury, you may be entitled to receive compensation for your injuries due to the negligence of the other driver.

In this case, our client an elderly gentleman who was involved in a motor vehicle accident in which he suffered physical and psychological injuries in the accident for which he was not at fault. After his treatment had been completed, he was medically examined and assessed and the medical advice was accepted on the part of both parties. Our client received quite a substantial award in damages in compensation for his injuries arising from the accident.

For a free no obligation consultation, please contact our toll free number, 1800 004 878 so that an appointment can be arranged for you to attend our office to protect your legal rights that you may have arising from a motor vehicle accident in which you are injured and not at fault for due to the negligence or fault of another driver.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.