Severe motor vehicle accident in Queensland

In the case of Ali v Auguste & Anor (QDC) 272, Ms Ali suffered personal injuries and consequential loss as a result of a motor vehicle accident which occurred on 11 September 2011.

Ms Ali, who was 12-years-old at the time of the accident had been walking on a footpath with her cousin, now deceased, when the vehicle driven by the 1st defendant mounted onto the footpath and struck the deceased, causing her to propel some distance before finally hitting the ground. The deceased suffered multiple injuries and severe bleeding from her head.

Ms Ali, having witnessed the events, stayed with the deceased at the scene of the accident and also viewed the deceased’s body as she remained 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 plaintiff 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.