Category Archives for Car Accidents

Do You Know Which Act To Lodge Your Claim Under?

Taking our rubbish bins out to the kerb is a mundane job we’ve all had to do many times. You certainly wouldn’t expect to be injured while doing this. Sadly, when Joshua took his bin to the kerb one day, a garbage truck mechanical arm grabbed him instead of his bin, causing a severe injury. Joshua wanted […]

Continue reading

Work Of Fiction?

Court of Appeal dismisses insurer’s argument that trial judge didn’t give weight to Plaintiff’s dodgy tax returns.the situationJack was a 53-year-old tiler. Jack was on his way home after a hard day’s work. Jack was thinking about what to make for dinner as he sat stationary at lights on Mains Road, Sunnybank. Jack sat contemplating a hot lamb […]

Continue reading

Exaggerating won’t get you far in Court

ASHLEY TULLEYCHIEF COMMERCIAL OFFICER Being in a motor vehicle accident can change a person’s entire life.Accident-related injuries can lead to expensive treatment, painful recovery, and restricted ability to go about day-to-day life.Sometimes, though, an injury can seem much worse to the injured person than it is. People can exaggerate their situation, sometimes without meaning to. […]

Continue reading

1 Injury Almost Everyone Forgets To Claim For

The mental consequences following accidents is often overlooked in compensation cases.  It’s rarely spoken  about. Rarely reported in case studies. And rarely claimed for.  But mental harm from an accident is so common. It can manifest itself in growing anxiety Psychological injury (or mental harm) is reported in 30 percent of accidents involving motor vehicles. In 2016, there were 6,888 claims […]

Continue reading

Rear-end collision – Why you might not be at-fault

Ashley TulleyChief Commercial Officer, MCW Legal Drivers who slam the brakes on in front of me, for no apparent reason, drive me mad. If they drive you mad too you will be pleased to know that they can be held liable for careless driving.  And that means you might not be at fault for a […]

Continue reading

What to do when an insurer says you are ‘faking’ your injuries.

We see low ball tactics from insurer’s every day. One such tactic is suggesting that plaintiffs are exaggerating their injuries and that they are fit to return to their old job and do the same duties.“…there’s absolutely nothing wrong with them.” In this case (Foster v Carter & Anor [2017]), we find out how Karen overcame […]

Continue reading

Should compensation be reduced for not wearing a seatbelt?

It’s a requirement of law, but does wearing a seatbelt impact the amount of compensation given by the Courts? As we discover in Nyholt v Nominal Defendant [2008] QSC 273, the answer isn’t that straightforward.Steven’s Story.Let me introduce you to Steven Nyholt.Steven was a young guy who worked as a newspaper delivery driver. Each work evening, Steven […]

Continue reading

Should your compensation be reduced if you get in a car with a drunk, even if you did not know?

Charles’ Story. Let me introduce you to Charles Pallier. Charles was a 16-year-old boy, living in regional Tamworth, NSW. He was your typical Australian boy. He loved rugby, hanging out with his mates and was looking forward to finishing school.Charles was hoping to join the Armed Forces. cloud Charles’ DreamI am hoping I might be able to join […]

Continue reading

How one man dodged an insurer’s low ball tactics and doubled his compensation

Introduction Facing insurance companies can be a tough and confronting thing. Sadly, we often hear stories of injured people accepting a low ball offer from an insurer to get the ordeal over with. As we discover in this case (Gary John McLean v Nominal Defendant [2012] QDC73), it pays to not settle early. After all, you wouldn’t […]

Continue reading

Motorbike rider awarded $212,000 after colliding with horse

IntroductionAccidents happen on the road every day.  Accidents between motorbikes and horses are less common, however, that is precisely what happened in this interesting case (Lawes v Nominal Defendant [2007] QCA 367).  In this story, we discover that accidents that, at first glance, don’t involve a motor vehicle are still valid in the eyes of […]

Continue reading
1 2 3