Summary:
What happens if you are involved in a car accident with a vehicle registered in another state?
Carbone Lawyers has achieved an outstanding outcome for a traffic controller who suffered career-ending neck injuries on Melbourne’s West Gate Freeway when a motorist repeatedly rammed his parked work vehicle before fleeing the scene. The quick-thinking worker captured the fleeing vehicle’s interstate registration plate, leading to a successful claim against the insurance authority in that state.
Key Points:
- Roadside Assault: The driver of the offending vehicle intentionally targeted and repeatedly rammed a clearly marked traffic control vehicle at least three times before speeding off.
- Cross-Border Litigation: Because the vehicle bore interstate registration plates, the legal team initiated direct litigation against an interstate statutory insurance body rather than local transport accident authorities.
- Career-Ending Trauma: The force of the repeated rear-end collisions inflicted severe, debilitating neck injuries on the 45-year-old worker, permanently preventing his return to the workforce.
- Dual-Claim Maximisation: The worker’s immediate medical expenses and lost wages were covered under no-fault workers’ compensation, allowing his common-law lawsuit to focus strictly on substantial damages for long-term economic loss and suffering.
Case Details:
The incident occurred during a night shift on Melbourne’s West Gate Freeway. A 45-year-old traffic controller had just completed the hazardous task of setting up road signs and safety barriers along the busy stretch of road and had returned to his traffic control vehicle.
While sitting inside the vehicle, a motorist suddenly drove up from behind and violently rammed his car. It was alleged that he repeated this at least three times in what appeared to be a targeted, erratic attack on the roadside worker. The driver then sped away, leaving the scene of a severe hit-and-run. Despite the shock of the assault, the worker managed to capture the vehicle’s license plate information.
The impacts inflicted severe, irreversible whiplash and musculoskeletal trauma to the worker’s neck. The structural damage was so profound that it permanently stripped him of his physical capacity to work, abruptly ending his career at age 45.
Because the worker captured the registration details, investigations revealed that the offending car was registered across the border in New South Wales. This crucial detail transformed the legal strategy: rather than filing a claim against the local Victorian authority for an unidentified vehicle, the legal team initiated a formal civil lawsuit directly against the New South Wales State Insurance Authority. While the worker received weekly payments and medical funding through a standard workers’ compensation claim to keep him afloat, his lawyers relentlessly pursued the interstate road insurer for pain and suffering and long-term economic devastation.
Outcome:
As the court date loomed, the interstate insurance authority recognised the severe financial exposure of a permanent, career-ending injury inflicted on a middle-aged worker. Just three weeks before the scheduled trial, the defence opted to settle out of court.
A substantial settlement was finalised, totalling close to three-quarters of a million. This payout accounted heavily for the worker’s total loss of future earning capacity alongside his persistent physical pain, delivering lifelong financial security to the worker and his family.