- We acted for a client from Croydon who was involved in a motor vehicle accident.
- The CTP insurer refused to admit that our client suffered a non-minor injury.
- After various discussions, we managed to reach a mutual agreement and settle the claim for $810,000 all-inclusive of legal costs.
We acted for a client from Croydon who was involved in a motor vehicle accident. Our client was stationary at the set of traffic lights in Surry Hills, NSW, and was about to start driving when a driver rear-ended her vehicle at a high speed.
As a result of the accident, our client sustained severe injuries to the head, cervical spine, shoulders and lumbar spine. Aside from physical injuries, our client also suffered from psychological injuries.
A claim was lodged with the CTP insurer of the at-fault driver who accepted the initial liability. However, as the matter progressed, the CTP insurer refused to admit that our client suffered a non-minor injury. We acted in accordance with our No-Win, No-Fee policy and lodged disputes with the insurer challenging their decision in relation to the minor injury determination.
“We acted in accordance with our No-Win, No-Fee policy and lodged disputes with the insurer challenging their decision in relation to the minor injury determination.“
GERARD MALOUF & PARTNERS
The insurer eventually admitted that our client suffered a non-minor injury and that they were not mostly or wholly at fault for the accident.
We requested the insurer to concede that the injuries sustained in the motor accident had a permanent impairment greater than 10%, being the required threshold to claim for non-economic loss (non-economic loss comprises pain and suffering).
The CTP insurer refused to concede and hence we then referred the matter to the Personal Injury Commission. Our client was assessed to have exceeded the requisite 10% whole-person impairment threshold as required by the legislation. This entitled our client to damages for non-economic loss. Our client was assessed to have 19% whole-person impairment for their psychological injuries after consulting the Personal Injury Commission representative.
We invited the CTP insurer to participate in an informal settlement conference. After various discussions, we managed to reach a mutual agreement and settle the claim for $810,000 all-inclusive of legal costs.
If you have been injured in a motor vehicle accident, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at Gerard Malouf & Partners Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
After various discussions, we managed to reach a mutual agreement and settle the claim for $810,000 all-inclusive of legal costs.
Frequently Asked Questions
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 car accident 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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