Mr Smith (name changed for privacy reasons) suffered injury on 08 November 2009. He was waiting at an intersection on his bicycle when a car did not see him and struck him from behind.
He suffered bruises, abrasions and a soft tissue injury to his shoulders and back. He was prescribed strong pain-killing medication.
In August 2010 the medication he had been prescribed caused Mr Smith to have a seizure as a result of which he suffered more serious injuries including fractures in his back that required surgery.
Mr Smith lodged his claim for compensation with the green slip insurer of the vehicle that caused his accident. It was not long however before he realised that he needed assistance of a specialist lawyer to guide him through the process.
Initially the insurer disputed that the injuries were caused in the motor vehicle accident. The insurer argued that the seizure was a separate incident unrelated to the accident and as a result it was not responsible to pay for any further loss or damage.
We made an application to the Medical Assessment Service of the Motor Accidents Authority on behalf of our client who determined that the injuries suffered in the seizure were caused by the car accident because they arose from the medication that Mr Smith had been taking for pain.
An application was then made to have the claim assessed at CARS (the Claims Assessment and Resolution Service of the Motor Accidents Authority). Mr Smith was awarded $1,818,582.87 plus costs.
Whilst CARS can deal with claims of any size, traditionally CARS has been reserved for cases that are relatively straightforward. Increasingly however CARS has taken on the role of determining claims where serious factual issues are involved.
If you have been involved in a motor vehicle accident and would like advice about your rights, please feel free to contact our office on 8355 4003 to make an appointment to consult with one of our Accredited Specialists.