We recently represented a young lady who was involved in a motor vehicle accident in which her car was hit in the rear by another vehicle causing our client whiplash injuries and psychiatric injuries.
The CTP Insurer denied its liability and we commenced proceedings in the District Court of NSW.
Our investigations revealed that prior to the accident in question, our client had been involved in several motor vehicle accidents and suffered back injuries and received some compensation. Our client also instructed us that few years before the accident she was diagnosed as suffering bipolar disease which caused her serious grief as well as a Psychiatric Hospital admission.
Due to her anxiety and panic attacks our client requested around the clock feedback and updates on the progress of her MVA claim. Furthermore, her physical and psychiatric problems caused significant restrictions to our client’s capacity to use public transport or attend medical appointments that required more than 20-30 mins driving time.
We arranged for our client to be seen by a number of medical experts and sought the opinions of her treating specialists. Our investigations showed that as a result of the injury, our client had suffered an aggravation of pre-existing back injuries and of her pre-existing depression.
The CTP Insurer did not concede that the injuries suffered by our client in the said accident caused her a whole person impairment of more than 10%. We therefore referred the claim to MAS (Medical Assessment Service) of the Motor Accident Authority of New South Wales for an impartial assessment.
Our client and her medical records were examined by a MAS Assessor. Despite our submissions and the evidence adduced in support of our client’s claim, the MAS Assessor found that our client did suffer from significant impairment (in excess of 10% WPI) but that the said impairment was caused by pre-existing back injuries and psychiatric illness. This meant that our client could not claim damages for pain and suffering or loss of amenities of life.
Notwithstanding the MAS assessment, we successfully negotiated a settlement of $180,000.00. This was an outstanding result given that our client’s compensable injuries in the circumstances had been assessed as minimal.
Our client was very pleased with the outcome of her claim and her compensation will provide her with some financial relief.