SCOOTER CRASH VICTIM PAID COMPENSATION DESPITE SUFFERING ONLY A MINOR SCAR AND BEING LATE IN LODGING HIS CLAIM FORM

PUBLISHED 10 Jul 2013

We recently obtained an outstanding result in a matter that appeared to have little chances of success.

Our client was riding his scooter along Pitt Street in Sydney when he collided with a Motor Vehicle crossing his lane to access a side street. As a result of the accident our client suffered some minor bruising and a cut on his cheek from a shard from the helmet. The scooter was written off.

The third property insurance of the driver of the motor vehicle paid for the scooter.

We obtained instructions from the client to represent him in his motor vehicle accident claim with respect to the scar suffered by him in the collision.

The client, a young panel beater from overseas, was 3 months late in lodging his Personal Injury Claim Form with the Compulsory Third Party Insurer due to the fact that he had to exit Australia to renew his VISA. 

to then represented our client in the Motor Vehicle Accident claim The CTP Insurer denied liability and we commenced proceedings in the District Court of NSW.

The CTP Insurer argued the issue of late lodging of the personal injury claim form and did not accept the justification provided by the claimant. We temporarily countered those arguments by obtaining reliable evidence and expert reports dealing with his injuries.

We advised our client that due to the reduced size of his claim we could not justify the costs that a court hearing would cause. We therefore obtained instructions to negotiate his claim in an informal Settlement Conference at our office and manage to settle our client’s claim.

In the circumstances, we were successful in countering the issue of late lodgement and secure a good outcome for our client but claimants should always try to lodge their Personal Injury Claim Forms in time with the CTP Insurer. Claimants should always seek legal advice at an earlier stage so that statutory requirements are met within time limits.

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