Rear end collision causes $1.3 million whiplash injury payout
On 19 February 2016, the Supreme Court at Rockhampton handed down an award of nearly $1.3 million dollars. Mr Martin sustained whiplash injuries to his neck and back in rear-end collision motor vehicle accident on the Peak Downs Highway. His Land Rover was hit from behind at speed by a following vehicle, and shunted into the car in front.
Mr. Martin sustained significant jarring of his body and suffered whiplash injuries.
Personal and work history
The CTP insurer of the at-fault driver was AAI Ltd (Suncorp Metway Insurance) who had admitted liability for the accident. Mr Martin had only previously worked in heavy manual employment and had qualifications as an electrical fitter, mechanic and linesman, with a history of working within the mining industry where he had gained his qualifications.
Prior to the accident, Mr Martin had a history of 20 years of consistent work, apart from a period of 10 months when he upgraded his qualifications to include high voltage work.
When he wasn’t working, Mr. Martin worked on the family farm.
Eight months prior to the accident, Mr Martin had commenced his own business and gained a lucrative contract undertaking high voltage work at the mines earning over $2,000 per week.
This all ended following his car accident in July 2011. Evidence was given at trial that Mr Martin was considered a hard worker and was well respected within his field.
Neck and back injuries prevent return to employment
Mr Martin was living in a tent
Following the accident, Mr Martin could not meet his financial commitments because he was unable to return to his employment and could not afford retraining. He had to sell his car and the family farm and was in debt to the Australian Taxation Office.
He used up his pre-accident savings and had relied on income protection payments and a hardship payment from his superannuation fund before going on Centrelink payments. At the time of the accident, Mr Martin was living at no fixed address and resided in a tent.
Medical evidence regarding whiplash injuries
There was extensive court evidence supplied regarding Mr Martin’s ability to work. Eventually the judge ruled in favour of Mr Martin, with the ruling covering general damages, medical expenses, economic loss and loss of superannuation.
The Court’s award in total came to a sum of $1,282,572.10. This shows the serious and often underestimated costs of whiplash as an injury.
Email or call and we’ll be happy to answer any whiplash questions you may have.
