Transport for New South Wales latest report on motor vehicle accidents for the year ended 2012 showed a total of 695 car crashes in the Manly and Northern Beaches area which included 2 fatalities.
In many instances people injured in a motor vehicle accident will represent themselves in their claim for personal injury compensation in the belief that it will save them money in the long run. Unfortunately, the law and procedure regarding access to personal injury compensation after being injured in a motor vehicle accident is complex and full of traps.
A recent decision from the Supreme Court of New South Wales demonstrates the complexity of this area of the law and the impact that can have on the amount of compensation paid to the injured person.
Zurich Australia Insurance v Roumanos involved a claim for personal injury compensation, including past and future economic loss, under the Motor Accidents Compensation Act ("the Act").
Mr Roumanos was injured in a motor vehicle accident in the Northern suburbs of Sydney when the truck he was driving was involved in a crash with another vehicle that failed to stop and give right of way.
The insurer for the other vehicle, Zurich Australia Insurance ("Zurich"), admitted that their client caused the accident. In accordance with the procedure for compensation for a motor vehicle accident Mr Roumanos' claim was assessed by an Assessor. The Assessor found that Mr Roumanos was entitled to compensation of $126,470.00 which included compensation for his past and future economic loss.
Zurich challenged the assessment on the basis that the Assessor had not applied the correct legal tests, calculating past and future economic loss. Mr Roumanos' past and future economic loss was complicated by the fact that at the time of the accident he was a self-employed delivery driver who ceased trading after the motor vehicle accident because of his injuries. When he was able to return to work Mr Roumanos chose to enter into another form of work.
If Zurich were successful in their legal challenge then the personal injury compensation awarded to Mr Roumanos would be drastically reduced.
Fortunately for Mr Roumanos he had legal representation who were able to place submissions to the Court on the correct interpretation of the relevant parts of the Act governing past and future financial loss. This legal representation ensured that the challenge by Zurich was dismissed by the Court and Mr Raumanos received the full amount awarded to him by the Assessor of $126,470.00.
If you have been injured in a motor vehicle accident you need to make sure that your claim for personal injury compensation is handled by someone who has extensive experience in this area of the law. Steve Walker, the founder of Walker Law Group, is an Accredited Specialist in Personal Injury Law and knows how to stand up and fight insurance companies. All compensation claims handled by Steve are based on a 'no win no fee' policy which means you will never be out of pocket.
information or to contact please visit the Walker Law Group Website.