Woman Awarded Compensation Despite Her Injuries Not Exceeding The 10% Whole Person Impairment Threshold

PUBLISHED 08 May 2017

We acted on behalf of Mrs X who was a passenger in a motor vehicle being driven by her friend on the 6th April 2015. Our client was returning from a family holiday from Lake Macquarie when she was in a motor vehicle that was hit from behind by another vehicle.

As a result of the accident no police or ambulance were called to the accident scene, however the next day the claimant attended upon her family doctor and reported the accident to police within 28 days from the date of the accident.

A couple of weeks after the subject accident the claimant noticed that she was continuing to experience pain in the neck and lower back. Mrs X immediately contacted Gerard Malouf and Partners Compensation Lawyers seeking legal advice in relation to the injuries and ongoing disabilities she sustained. 

Action Taken:

Once a file was opened on behalf of Mrs X, a personal injury claim form was served onto the relevant CTP insurer. The insurer accepted liability for the matter pursuant to Section 81 of the Motor Accident Compensation Act 1999 (NSW).

Approximately 8 months after the date of the accident, when Mrs X’s injuries stabilised and our team of Personal Injury Lawyers organised for Mrs X to be medically examined by medico-legal experts to determine the extent of her injuries, loss and damages.

Mrs X's injuries were assessed at less than the 10% whole person impairment required under the Motor Accident Compensation Act 1999 (NSW). Therefore, the claimant did not have any entitlement to non-economic loss or pain and suffering.  Nevertheless, Mrs X was working prior to the accident and the injuries she sustained in the subject accident prevented her from continuing employment on a full time basis. Furthermore, after the accident Mrs X required extensive treatment and care as a result of the injuries and ongoing disabilities sustained.


A settlement conference was arranged between both parties to attempt to resolve the matter quickly without causing unnecessary delay. The Claimant's medical evidence was served on the insurer and it was shown that Mrs X would suffer economic loss due to the extent of her injuries and ongoing disabilities. Furthermore, the insurer agreed with our submissions that Mrs X was likely to continue to have some difficulties with her capacity to carry out the physical tasks at home and required treatment and care in the foreseeable future.

After offers were made by both parties, Mrs X accepted the insurers offer and the matter resolved without the need of referring the claim to CARS for assessment. The settlement was an excellent result for Mrs X who was delighted at achieving a substantial sum of compensation in the circumstances.

If you have been involved in a motor vehicle accident and have suffered injuries and are not sure about your rights and entitlements please do not hesitate to contact our Personal Injury Accredited Specialists on our toll free number 1800 004 878 and speak to one of our Compensation Lawyers who can give you advice in relation to the procedures, the processes and your rights to make a clam.

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