Woman pursues $20 million car accident compensation claim

Date: Nov 11, 2017

A woman who was involved in two motor vehicle accidents in just six months is pursuing more than $20 million in damages for lost income, future care costs and various other expenses.

The plaintiff, a Vietnamese-born former real estate agent, represented herself in the case, which went before the NSW Supreme Court in September this year.

The first accident occurred in March 2011 when another vehicle turned right across an intersection into the path of the plaintiff's car.

In September of the same year, the claimant was a passenger on a bus that swerved violently to avoid another vehicle, resulting in paramedics taking the woman to Royal North Shore Hospital. She was released later that day.

After considering all the evidence regarding the crashes and the plaintiff's alleged injuries, the judge awarded the woman just $1,250 in compensation. {oh my god}

So what went wrong?

Plaintiff's honesty called into question

The defendants' counsel compiled an abundance of evidence to suggest that the plaintiff wasn't being entirely truthful with her claim.

For example, numerous medical practitioners who studied the plaintiff believed she only suffered minor injuries in the crashes and was instead embellishing various disabilities in order to receive compensation.

One doctor, Professor Aggarwal, studied the woman's symptoms for three years, including her claims of a brain injury that supposedly gave her memory and concentration problems.

Following a neuropsychological assessment, Professor Aggarwal reluctantly suggested that the plaintiff was most likely feigning her injuries.

"Her effort was not consistent during the assessment and it seemed that she was consciously performing badly throughout the test," he explained in a report.

"There was no evidence to suggest any organic brain injury and it was felt that her performance was deliberately poor."

Other instances of dishonesty

The plaintiff faced other questions regarding her character. She was put under surveillance throughout her claim and video recordings showed her walking without difficulty and lifting a trolley bag full of books, despite suggesting she was incapable of strenuous tasks.

The plaintiff's social media posts also indicated that the woman was pursuing real estate licences and tertiary education at a time when she said she was unable to work. The woman had also lost her real estate licence after "anomalies" arose with an $80,000 payment towards a client's property.

Ultimately, the judge decided there was enough evidence to confirm the plaintiff had not suffered serious injuries during either of the collisions for which she was claiming compensation.

District Court Judge Judith Gibson instead awarded the plaintiff $1,250 for past out-of-pocket expenses and economic losses.

Seeking expert legal advice from experienced motor accident compensation lawyers can help claimants decide whether or not to pursue their case based on the available evidence.

If you would like to talk about injuries you have experienced in a recent car crash, please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.

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