South Sydney Woman Compensated After Collision With a Vehicle Suddenly Exiting Driveway

PUBLISHED 10 Jul 2017

In this matter, we acted for a 53 year old woman who sustained a number of injuries as a result of a motor vehicle accident. The collision occurred as our client was driving along a road when another vehicle suddenly exited a driveway and collided into the front of our client’s vehicle.  

She looked for a personal injury lawyer and contacted Gerard Malouf and Partners seeking legal advice about her rights and entitlements following the accident.

As with all Motor Vehicle Accident Claims, we advised our client of the 6 month time limitation imposed by the Motor Accidents Compensation Act (1999) and ensured that her Personal Injury Claim Form was lodged with the CTP Insurer in time.

Following the initial instructions we obtained from our client, we began to carry out our own investigations with respect to liability and started collating the medical evidence in support of her claim.

Upon completion of its initial investigations of the accident, the CTP Insurer denied liability on behalf of the insured driver. Consequently, the parties sought to have the claim exempted from the Claims Assessment & Resolution Service and have the issue of liability determined in a Court of Law.

Upon receiving a Certificate of Exemption from the Claims Assessment & Resolution Service, we commenced proceedings on behalf of our client in the District Court of New South Wales.

We subsequently arranged for our client to be examined by an Orthopaedic Surgeon and Psychiatrist to assess the nature and extent of her physical and psychological injuries arising from the accident. In particular, how these injuries may continue to impact upon her future.

The CTP Insurer also organised for our client to be seen by their own medical experts. These medical reports contested the opinions of our medical experts and a dispute arose as to the extent of our client’s whole person impairment.

In order to resolve this dispute, we lodged an Application for Assessment of a Permanent Impairment with the Medical Assessment Service to have our client examined by an Independent Assessor and resolve this dispute.

Once this issue was finalised, we invited the CTP Insurer to participate in an informal settlement conference explore the options of resolving this claim.   

After extensive negotiations at the settlement conference, we were able to resolve the claim at a fair and reasonable figure reflective of the extent of our client’s injuries suffered in the accident.

Our client and her family were pleased to resolve her claim and receive fair compensation for the accident without the need to proceed to a hearing.   

If you are unsure of your entitlements having suffered an injury in a motor vehicle accident caused by the fault of another driver, please feel free to contact our offices  on 1800 004 878 for a free, no obligation consultation.

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