Facts (Whitney v Whiteway & Anor  QDC 163) On 4 April 2004, Ms Whitney was leaving Carindale Shopping Centre, QLD on a Sunday afternoon. When driving out of the shopping centre car park, she stopped to ensure it was safe to continue out of the car park. Ms Whitney was wearing her seat belt, leaning forward and had her head turned looking to her right to give way to cars which came quickly around a sharp corner. Another driver, exiting the carpark, crashed into Ms Whitney in what was described as a “substantial impact”. As a result of the accident, Ms Whitney suffered injuries to her neck and lower back which continued to persist. Two days after the accident, she went and saw her doctor and had a number of days off work, which were already planned as she had a pre-booked surgery. After her surgery, she saw a [...]
The Facts On 30 May 2008 at 2.30 pm, Dr Ysaiah Ross stepped off the footpath outside the Sydney Airport and was struck by an unidentified minibus. The driver of the minibus got out and told Dr Ross “he did not see him” and asked whether he was okay. Dr Ross told the driver of the minibus he was okay. The driver of the minibus noticed Dr Ross was bleeding. He went back to the minibus and got Dr Ross a box of tissues and again asked him if he was okay. Dr Ross again said he was okay. Dr Ross said when he was bending down to wipe his cut, the driver went back to the minibus and drove off. Dr Ross didn’t get the driver’s name or the registration details of the minibus. At the time, Dr Ross did not think he was seriously injured although he was [...]
Pedestrian’s mother awarded damages after son ignores red pedestrian light and runs across road in front of oncoming traffic
Facts On 6 October 2008, a taxi driver was driving down Market Street, Sydney. As he approached the intersection with George Street, he had a green light. At the same time, two young men ran across Market Street ignoring the red pedestrian light. They passed in front of the taxi, narrowly avoiding being hit. The taxi driver did not slow down. As the taxi driver crossed George Street, a third young man, Scott Shivas, ran onto Market Street into the path of the oncoming taxi. Scott Shivas was hit by the taxi and sadly died from his injuries. Scott’s mother brought a claim against the taxi driver for nervous shock. Nervous shock is a legal term used to describe the psychological harm or illness (such as depression or anxiety) developed after an accident. Pedestrians being killed by cars is also not uncommon in Australia. The graph below shows the latest [...]
The Facts Ronald, an immigrant from Germany, lived in a first floor apartment in Dulwich Hill, Sydney. After a hard days’ work, he retired to the balcony to watch the sunset and have a couple of glasses of wine. After that, Ronald decided to go for a walk in the evening. Passing some rubbish bins, Ronald stepped off the footpath to cross the road. As he stepped onto the road, Ronald was hit by a car without warning. … Ronald was thrown to the ground landing next to a parked car. How did he get there? Ronald had no memory of being hit by the car. … someone asked if he was okay. It was the owner of the parked car and a neighbour, who came out after hearing the collision. … Ronald woke up at a hospital. What on earth has happened? Ronald had been struck by a car [...]
You would be forgiven for thinking that if you were sitting, stationary in your car and waiting to turn left, when you are hit from behind by another car and your car is pushed for 50 metres along the road, that you would be entitled to a substantial damages payout. Well, that does not always turn out to be the case. Facts (Lehmann v Warren & Anor  QDC 69) While driving her car on 2 September 2014, Ms Linda Lehmann was stationary, waiting to turn left, when another vehicle failed to stop behind her, collided with her car and pushed it 50 metres along the road. Ms Lehman suffered minor injuries in the accident including: Whiplash affecting her neck Whiplash affecting her lower back She was taken to the Gold Coast hospital for observation and released later that day. The accident happened on a Tuesday. Ms Lehmann took the [...]
The Facts (Windley v Gazaland Pty Ltd) The lights dimmed, the games began, and Susan stepped up to take her turn. Susan was out with her work colleagues one evening for a session of ‘glow in the dark bowling’. Like most of us, Susan had no real bowling skills. In an effort to improve, she aligned her bowling stance to match an impressive looking bowler 2 lanes down. As she stepped forward to release the ball, Susan crossed the foul line and suddenly slipped and fell onto her left hip, causing a serious fracture and extreme pain. Nearly two years later she was still in pain and unable to work or go about her day the way she had before the accident. Susan brought a claim for compensation against the bowling alley, alleging the bowling alley’s lack of lighting and line marking caused her injuries. The bowling alley argued the [...]
To begin the claim, it is necessary to lodge a claim form (in the approved form) on the CTP insurer of the vehicle at fault. If your injuries are more persistent, then it is likely you will need to attend medical examinations to properly assess the long term consequences of your injuries. The CTP insurer then investigates the circumstances of the motor vehicle accident by contacting various witnesses etc. If the accident occurred in New South Wales, they have three months in which to advise as to whether they are going to admit or deny liability/fault. While in Queensland, the insurer can have up to six months to decide liability. Other investigations are required to determine the nature and extent of your losses. The parties will then participate in settlement negotiations (usually in the form of an informal settlement conference). In the event the matter is unable to be resolved at that [...]
Put simply yes, there are some strict time limits which apply to your claim. In an ordinary case, you are required to lodge a claim form with the CTP insurer within six months of the car accident. It is still possible to pursue a claim after that, but an explanation for the late claim needs to be given (and usually there are good reasons for making a claim late). But if your Application to the Claims Assessment Resolution Service (CARS) is not made within 3 years you may lose your right to appeal to the District Court any decision made by CARS that you are unhappy with. As a general rule, any legal proceedings in a court arising from a personal injury must be made within three years of the date of the accident or injury. It is important to consult a lawyer to make sure your interests are protected [...]
Generally speaking, if you are injured in a car accident caused through the fault of another person then it will almost certainly be worthwhile pursuing a claim for injury compensation against the CTP insurer of the vehicle at fault. You are legally entitled to bring a claim for injury compensation against a CTP insurer without legal representation. But unless your likely award of damages was exceptionally nominal, it will be worthwhile engaging a lawyer to represent you. The insurers are very experienced litigators in injury compensation claims and there would be a real imbalance of power/knowledge which could be highly detrimental if you were to pursue the claim without representation. If you have more specific questions relating to your situation, please contact us using the green button above. Our specialist team will call you back within one business day to clarify your concerns. By Mitch Herlihy.
If you engage a solicitor to act on your behalf, then your solicitor will take care of almost all of the administrative burden involved in bringing a claim. From your perspective, you would simply need to provide information and documents evidencing your expenses, earnings etc and attend various medical appointments. One of our personal injury lawyers will be able to explain in more detail the process involved in proceeding with the claim. If you have more specific questions relating to your situation, please contact us. One of our specialist lawyers will call you back within one business day to clarify your concerns. By Chris McMahon.