Ms Ali suffered personal injuries and consequential loss as a result of a motor vehicle accident which occurred on 11 September 2011. The case was heard through the Queensland District Court and is known publicly as Ali v Auguste & Anor (QDC) 272.
Ms Ali, a 12-years-old at the time of the accident had been walking on a footpath with her cousin, now deceased, when the motor vehicle driven by the 1st defendant mounted onto the footpath and struck her cousin, causing her to propel some distance before finally hitting the ground. The cousin suffered several injuries and severe bleeding from her head.
Ms Ali, having seen the events, stayed with her cousin at the scene of the accident and also viewed the body as she was on life support. The life support was subsequently turned off. Ms Ali, now 15-years-old, has suffered severe nervous shock and upset including, persistent post-traumatic stress symptoms.
The decision of Her Honour Judge Ryrie was appealed to the District Court, Brisbane on 3 December 2014 where the 2nd defendant (AAI Insurance Limited) was ordered to pay the Ms Ali the sum of $151,641. Ms Ali, who is now a high school student, was born in Iraq on 27 January 1999 and moved to Australia on 27 October 2007.
How do I know if I’m able to make a motor vehicle claim?
There are legal options if you have suffered a motor vehicle injury. Compensation claims can be made through the courts, which can be successful if it’s proven that you suffered because of someone else’s negligence.
I think I have a motor vehicle claim, what should I do next?It’s important that you contact a motor vehicle lawyer with experience in car accident claims as soon as possible to make sure your interests are looked after.
The Shine Lawyers motor vehicle law team will be able to advise you of your entitlements. Advice is obligation free, and your lawyer can come to you at home or hospital.
The Shine Lawyers No Win No Fee policy is available for motor vehicle claims. This is designed to help people whose financial circumstances might otherwise deny them access to legal representation.
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Written by Shine Lawyers. Last modified: March 23, 2020.