26 February 2019

Law Advice secures compensation for injured pedestrian despite insurer denying claim.

Our client, a young university student, was crossing the road when a motorbike rider traveling at speed collided with him. The accident resulted in our client sustaining injuries including a fracture to his right ankle and a left knee ligament injury. His injuries impacted his ability to study and work part-time for a period following the accident.

The CTP insurer of the motorbike denied liability on the basis that our client failed to keep a proper lookout when crossing the road and failed to cross at a nearby pedestrian crossing. That meant that the insurer refused to pay for any treatment and compensation throughout the claim.  

Despite the insurer’s denial, our expert lawyer believed that our client had good prospects of succeeding in his injury claim. As such, we provided a No Win No Fee guarantee to our client and began investigating his claim. We prepared the case thoroughly, obtaining the following evidence:

  • Treating doctor medical reports;
  • Exemption certificate from the Claims Assessment and Resolution Service in order to proceed to the District Court of NSW.
  • A specialist medico legal report. This report was necessary to support the claim for future loss of earnings, treatment needs, and domestic assistance needs in the future. 
  • Although our client was back to work, his capacity and efficiency were impacted. A statement was obtained from his co-worker that detailed the difficulty our client experienced at work due to his injuries following his accident.
  • Further, university transcripts were relied upon to demonstrate the impact his injuries had on his studies.

The supportive evidence was provided to the insurer’s solicitors and an informal settlement conference was arranged in order to attempt resolution of the claim before the need to commence District Court proceedings.

Although the insurer had maintained a denial of liability throughout the matter, our specialist lawyer successfully negotiated and obtained our client compensation far in excess of our client’s expectations in the sum of $100,000.00.  Our client was thankful and ecstatic with his result, especially in light of his hesitancy in pursuing the matter following the insurer’s initial denial of liability for his accident.

The information is current as at the date of publication of this article. The above article is of a general nature only and does not constitute legal advice. Law Advice Compensation Lawyers are experts in car accident claims. For a free, no obligation assessment of your injury claim call us on 1800 122 555 or complete our Free Claim Advice Form and get the compensation you deserve.

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