A woman from Penrith has been awarded $300,000.00 following a motor vehicle accident whilst travelling on a bus.
Our client was travelling on a bus when the bus driver failed to keep a proper lookout, and has slammed on the brakes to avoid a collision. As a result, our client was lurched violently out of her seat, causing her to collide heavily with a nearby rail. Due to their being no seatbelts fitted and due to the lack of warning of the brakes being applied, our client was unable to avoid being flung from her seat. As a result of the accident our client sustained personal injury to her wrists, arms, shoulders and neck.
This is a claim which was initially denied by the insurer of the bus company. It was the determination of the insurer that their driver was not at fault, and accordingly, they refused to pay any treatment expenses to our client.
Following the denial, our client has attended upon the offices of the no win no fee solicitors of Gerard Malouf and Partners. Having regard to the facts of the claim as given to us by our client, the motor vehicle accredited specialists advised that there was a winnable case, and commenced acting for this client on a no win no fee basis.
As the matter had been denied, it meant that the claim was one which was to be heard through the Court system. Accordingly, the personal injury solicitor of Gerard Malouf and Partners applied to have the matter taken to Court, and once this was finalised, began preparing the relevant documentations to be filed.
In commencing court proceedings for any personal injury matter, two documents are required to be filed. These are the Statement of Claim, which sets out the circumstances of the accident and the allegations of accident against the Defendant, and the Statement of Particulars, which sets out the damages sustained by the person bringing the claim, including their ongoing losses.
Once these documents were filed, a timetable was entered into between the parties so the matter could move forward. The accredited motor vehicle accident specialists arranged for our client to be medically assessed, whilst obtaining evidence to show that the driver of the bus was indeed at fault.
In proving this, a subpoena was issued on the bus company requesting CCTV footage. Upon receipt of the footage, it became obvious that the drivers of the action were sudden, and the driver was indeed at fault.
Once all evidence was finalised, the solicitors of Gerard Malouf and Partners invited the Defendant to attempt to settle the matter informally, without having to incur further expenses by taking the matter to a Hearing.
On the day of the Informal Settlement Conference, the motor vehicle accident claim was not able to settle. Following this, the parties put final offers on the table which were no inclusive of costs. These offers are known as Offers of Compromise. The Defendant put an offer of over $300,000.00 which our client was happy to accept, noting that this amount was not inclusive of legal fees. If an Offer of Compromise is accepted, the parties negotiate legal fees as a separate amount. Our client was delighted with the result.
If you or anybody you know is eligible to make a motor vehicle accident claim please contact the expert personal injury solicitors at Gerard Malouf and Partners for a free consultation to discuss your legal entitlements.