NSW Liability Proceedings

Discussion in 'Traffic Law Forum' started by janjan123, 3 February 2019.

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  1. janjan123

    janjan123 Member

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    Husband had bad accident 2014 has not worked since 2015 due to ongoing medical problems, Was hit with a unregistered driver while starting to turn right his car went airbourne at impact. other driver was speeding but he payed for his own crash testers who said he was only doing a low speed at impact. The insurance crash investigators have said he was doing 72kms at impact .None of them put in their report s the fact that the car went airborne. He was also spotted driving at 120kms before he turned around and came back hiting my husbands car. But they say no one seen him come back down the road as to his speed. Husband didn't see him only me his wife who was watching husband come up road only at impact did I see the other car a flash of colour as it hit it was a terrible accident front of husbands car gone. Due to go into court for liability as other driver counter sued nominal defendant as he wasn't insured and lawyer is saying other side settled his case so that changes everything for liability for my husband and if he goes to court and loses he'll be up for costs they have offered him a small amount to settle. But he's disabled in leg ,heart problems, depression.e.t.c.they also say that insurance doctors say his heart is why he stopped work .His
    ankle was broken and he was a driver he was also going dizzy when he tried to go back to work but his ankle means he can't drive bus.
    Wouldn't the fact that he shouldn't have been on the road be a good case lawyer says this does not matter seems to me you can be uninsured speeding and leave someone disabled not able to work and get away with it surely court would look at the circumstances ?
     
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