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A woman was April 2, 2007 hit from behind by another motorist at a low speed. The woman who was pregnant for 40 weeks, were after the accident will brought to the hospital will when she had pain and tenderness in the abdomen. Man suspected placenta solution and redeemed the same day the baby by emergency caesarean section.
Four days after the accident approached the woman at the emergency room with headaches and neck pain. The symptoms continued and several specialists and Injuries assessed retrospectively the woman had permanent disorder following the accident in the form of a whiplash. Injuries then assessed the woman's injury level of 10%.
The insurance company in this case, however, refused to pay the woman compensation pursuant to the Board's assessment on the ground that the accident happened at low speed. While referring to the insurance company that the woman approached the emergency room after 4 days.
The woman brought the matter to court, where on behalf of the woman was alleged to low speed in itself will can not result in a breach of the Board's assessment, as there is always a concrete estimate of the full details will of the case. At the same time, it was alleged that the woman had approached sufficiently quickly to the emergency room, given that she was the day of the accident had undergone a caesarean section will and stood with a newborn child.
City Court therefore held, by judgment of 28 October 2013 to a low speed in itself would not be likely that there be paid compensation for permanent injury and that the assessment of the permanent injury must be based on an individual assessment. On the basis of a specific assessment was right then that there was no evidence to establish the degree of injury to less than 10% as assessed by the National Board. In this regard, the court found that it should not be the prime consideration will that the woman approached 4 days after the accident, given that the woman gave birth by emergency will caesarean section on the day of the accident. The insurance company was then ordered to pay the woman compensation.
Leicht & Thruesen Ltd.