Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 November 2015.
John was driving home after visiting Jane on an evening when there was a severe storm. Unfortunately when John was driving along the road, a tree fell and hit his motor vehicle, smashing his windscreen and injuring him.
John was able to bring his vehicle to a halt, but he received a severe neck injury and injuries to his face from the impact of the tree on his car.
An ambulance was called by a passing motorist and John was taken to hospital. He stayed in hospital for 2 days before being discharged.
John contacted his solicitor, who advised him that it was possible to make a claim under the Motor Accident’s Compensation Act 1999 for what is called a blameless accident, where the accident is not caused by John himself or by any other vehicle.
John is informed by his solicitor that the claim will need to be made against the compulsory third party insurer of his motor vehicle. A claim is prepared by his solicitor and lodged with his insurer.
John recovered from his injuries to some extent, but was left with some residual disability in his neck and the loss of some sensation in his face. Unfortunately, John’s neck injury has affected his ability to work as a builder and he is not able to do the work that he was able to do prior to the accident.
John was informed by his solicitor that his claim could be finalized once his injuries stabilized, which means once his injuries reach their maximum level of improvement.
John’s injuries stabilized after 18 months and John’s solicitor prepared a submission, setting out all of the damages that are recoverable, including John’s economic loss and his medical expenses. John was also able to establish that his level of impairment from his injuries was more than 10% whole person impairment and he was therefore entitled to damages for pain and suffering and loss of enjoyment of life.
John’s solicitor was able to resolve the claim for the blameless accident 2 years from the date of the accident.
