We acted for Mr X who was 15 years of age at the time of the accident. Essentially he decided to ride his unregistered bike on the road despite the fact that he was unlicensed. Regardless of that fact as he was riding his bike on the road another vehicle entered the intersection without giving way to him causing him to strike the vehicle and land on to the ground and sustain significant injuries. Mr X family approached Gerard Malouf and Partners seeking advice whether or not he was entitled to making a claim.
Mr X’s family were advised that despite the fact their son was riding and unregistered bike and that he was unlicensed that the other driver still had an obligation to give way to him accordingly to the road rules and therefore they were entitled to make a claim for their son’s injuries which were quite significant. A personal injury claim form was lodged on their behalf and submitted to the CTP Insurer of the other vehicle. The CTP Insurer naturally denied liability arguing that it was Mr X’s fault accordingly a certificate of exemption was obtained from the Claims Assessment Resolution Service entitling Mr X to commence Court Proceedings in the District Court of Sydney.
An expert report was obtained by an engineer who attended the site and reconstructed the accident. The reconstruction demonstrated that the other driver ought to have seen Mr X given that it was a flat road and there was no obstruction to his vision. The conclusion reached by the engineer that the other driver simply did not look and had he looked he would of seen Mr X on the motor bike and he should of avoided him.
Naturally the Defendant solicitors served an engineer report that stated the opposite.
The matter was eventually listed for Hearing in the Sydney District Court however prior to the matter being herd the Defendant Solicitors accepted an offer to resolve the matter by accepting that their driver was 51% liable and by paying the sum of $600,000.00.
This result represented an excellent victory for Mr X who sustained significant injuries including a head injury. There was a real risk if Mr X ran his case to trial that the trial Judge would give him nothing and therefore the result was an excellent one in the circumstances.
Mr X’s family were thrilled will the result noting that they have come from another firm who were not able to assist them and who had advised them that this was a difficult case that could not be won. This was of course untrue. Most cases can be won with the correct preparation and the right evidence. We are Gerard Malouf and Partners are experts at our field of law and we are prepared to provide advice to Client’s who have had similar accidents.
If you have had a similar accident to the one described above then please feel free to contact us on our toll free contact number, 1800 004 878 and arrange a no obligation consultation with one of Accredited Personal Injury Specialists.
