Case Overview
- Our client was walking across a pedestrian crossing when a vehicle failed to give way and collided with our client.
- Our client suffered significant physical injuries.
- By way of an informal settlement conference, our client’s matter was settled for over $500,000.
On a summer morning in 2017, our client was involved in a motor vehicle accident. Employed as a trolley collector, and completing his day-to-day tasks, our client was pushing a line of trolleys across the pedestrian crossing to enter the shopping centre. As he was crossing the street, a vehicle struck our client, running over his right foot and shin.
Our client sustained several injuries on his:
- Coccyx bone
- Cervical spine
- Lumbar spine
- Right foot
- Left arm
Further, he sustained psychological injuries including anxiety, depression, and post-traumatic stress disorder.
To treat the injuries our client sustained immediately upon the collision, the client was transported to Tamworth Base Hospital and was discharged the same day.
In 2020, the insurer denied liability, alleging that the driver of the vehicle was not at fault and that there may be an allegation of contributory negligence on the part of our client. The insurer was alleging that our client was partly responsible for the accident.
“Three years after the accident, the insurer was alleging that our client was partly responsible for the accident.“
Vrege Kolokossian
Our Approach
Our team conducted further investigations to uncover all factors surrounding liability.
We gathered evidence including CCTV footage, photos of the accident, an incident report and by instructing an accident reconstruction expert. The GMP Law team was successfully able to remove doubt of liability and unveil how the driver was fully at fault for the accident.
In support of our client’s claim for fair compensation, our office proceeded to obtain medical evidence. We collected clinical notes and medical reports which indicated the level of impairment our client experiences daily, and how his current injuries impact his personal, emotional, and social well-being. The evidence supported our client’s inability to work.
After unsuccessful informal settlement conferences, the insurer eventually overturned their decision and our client’s claim was settled for $515,000 in a second and final conference.
Our team ensures that your claims have been investigated correctly to ensure you receive justice in the form of maximum compensation. If you have been injured in a motor vehicle accident, contact the team at GMP on 1800 004 878 or make an enquiry online to speak to one of our solicitors.
The Result
The insurer eventually overturned their decision and our client’s claim was settled for $515,000 in a second and final conference.
Vrege Kolokossian
Senior Partner
Frequently Asked Questions
More Information
Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If you’ve been injured in a motor vehicle accident, you’ll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.
Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.
Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.
Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.
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