We acted for Mr A, a 66 year old man who was involved in a motor accident in the middle of 2016. Mr A was injured when driving along in the middle lane of a well known, Western Sydney road, when the vehicle at fault, travelling in the same direction as Mr A, suddenly merged into his lane, colliding with the rear passenger side of Mr A’s vehicle.
As a result of the accident, Mr A suffered substantial injuries to his neck, back and psychological injuries.
Action taken:
Mr A initially instructed other lawyers, however, was not satisfied with the service he was receiving. He made enquiries with Gerard Malouf & Partners Compensation Lawyers and we took over his file. Liability was wholly admitted and the CTP insurer acknowledged that the other motor vehicle was at fault and caused the accident, resulting in Mr A’s injuries.
When Mr A’s injuries had stabilised, arrangements were made to have him medically assessed by our medico-legal doctors to determine the full extent of his injuries and to see whether or not his injuries exceeded the 10% whole person impairment threshold. The CTP insurer disputed our medical evidence, and did not concede that Mr A’s injuries exceeded the 10% threshold.
To ensure our client’s rights and entitlements were protected, we referred the matter to the Medical Assessment Service (MAS) so that an independent medical assessor could determine if our client’s injuries exceeded the threshold.
Medical evidence was gathered and provided to the MAS Assessor and Mr A’s injuries were assessed at being over the 10% threshold for both psychological and physical injuries. He was therefore entitled to receive compensation for non-economic loss, pain and suffering as well as treatment expenses and assistance provided to him by his loving family.
Conclusion
At first instance the settlement conference did not bring about a resolution for Mr A, but we vigorously negotiated with the CTP insurer, and made an application for the case to be assessed by the Claims Assessment Resolution Service (CARS) to bring about a resolution for Mr A. The additional pressure placed upon the CTP insurer by our qualified lawyers assisted the CTP insurer to appreciate the severity of our client’s injuries and reassess the offers made to date.
After extensive negotiations, Mr A accepted the insurer’s offer and the matter resolved in the sum of $200,000.00. The settlement represented an excellent result for Mr A who was surprised at achieving such a sum in compensation in circumstances where he was not working at the time of the accident.
If you are a driver and have been recently involved in a motor vehicle accident and have suffered some serious injuries, please do not hesitate to contact Gerard Malouf & Partners Compensation Lawyers on our toll free number 1800 004 878 and speak to one of our accredited specialist lawyers, who can give you advice in relation to the procedures, the processes and your rights to make a claim.
