Involved in a car accident? You could also have TPD rights

Published 30 Sep 2014

Darren was a truck driver who was involved in a car accident when another truck collided with the truck he was driving. As a result of the accident, Darren sustained head and left arm injuries and was hospitalized for 10 days as a result.

In addition to his Motor Vehicle Accident and Workers Compensation claims, Darren also held a Total and Permanent Disablement insurance policy with a superannuation fund. Our firm conducted a further search for any other superannuation that Darren may have from previous employers and another TPD policy worth a sizable amount was uncovered.

Darren’s previous job experience consisted of truck driving and truck spare parts salesman. He had completed schooling in year 10 and had no other formal qualifications apart from holding a Heavy Vehicle license.

The head injuries that Darren sustained resulted in debilitating migraines, recurring fits and a considerable change in personality and mood. He also experienced bouts of numbness and pins and needles in his left hand.

When lodging his TPD claim, in addition to all the standard forms being completed and provided, our firm also supplied the superannuation fund with numerous medical reports and a vocational assessment obtained from his motor vehicle accident and worker’s compensation files.

One of the Insurers requested that Darren attend a medico-legal with one of their doctors as well as an additional vocational assessment. Our firm believed that a further vocational assessment was unwarranted but consented to Darren attending the appointmentt with a neurologist on the condition that the report was provided to us as soon as they were in receipt of it.

Five months after the initial claims were lodged, the medico-legal report was sent to our office and was favorable to Darren’s case. Within six months, Darren’s first claim was accepted. Once we provided the acceptance correspondence from this to the second Insurer and Trustee, the second claim was also accepted six weeks later.

Darren received a total of $430,000 in benefits.

If you are unable to work due to having suffered an injury or illness, please do not hesitate to immediately contact our specialist Superannuation Lawyers at Gerard Malouf & Partners for expert advice.

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