Alliance Compensation & Litigation Lawyers recently achieved a $765,000 inclusive of costs settlement in a motor vehicle accident claim following a lengthy and strongly contested dispute with the insurer.
At the first Informal Settlement Conference, the insurer would not offer more than $350,000 inclusive of costs and, importantly, made no offer whatsoever for non-economic loss (pain and suffering).
We challenged that position.
Rather than accepting the insurer’s assessment of the claim, our team obtained evidence from three independent medico-legal specialists and commenced proceedings in the Personal Injury Commission (PIC) for an independent assessment of our client’s permanent impairment.
The matter ultimately resulted in a Medical Assessor assessing our client’s psychological injuries at 15% Whole Person Impairment (WPI) — placing the client above the applicable threshold for non-economic loss.
Even then, the claim remained heavily contested.
The insurer disputed significant components of the claim, including our client’s capacity for employment, future economic loss, visa restrictions and future immigration circumstances. Its subsequent offer was $590,000 inclusive of costs.
We continued to negotiate.
Following extensive negotiations, the insurer ultimately increased its position to:
$765,000 INCLUSIVE OF COSTS
That is an increase of $415,000 from the insurer’s position at the earlier settlement conference.
This result demonstrates an important point: an insurer’s first position does not necessarily determine the true value of a claim.
Strong medical evidence, careful preparation and a willingness to challenge disputed issues can make a significant difference.
At Alliance Compensation & Litigation Lawyers, we do not simply accept an insurer’s assessment. Where the evidence supports our client, we are prepared to challenge the decision, pursue the appropriate proceedings and negotiate firmly for the best possible outcome.
$350,000 → $590,000 → $765,000
Persistence. Evidence. Preparation. Results.
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