In this P.I. Case Note Podcast episode, we unpack the Queensland District Court decision in Cabato v Paltridge & Anor, a motor vehicle claim where liability was admitted but damages were fiercely contested. The judgment grapples with delay in treatment, inconsistent symptom reporting, and the evidentiary impact of social media—issues that ultimately shaped how the court assessed credibility and quantum under the Motor Accident Insurance Act 1994 (Qld).
Across nearly a hundred pages, the court accepted some injuries (including a disc protrusion and minor lumbar soft‑tissue injury) but rejected others (ongoing knee, significant head, and psychiatric injury claims). The result was a significant reduction to the plaintiff’s damages, culminating in a final award of $73,663.91 after a 25% contributory negligence deduction. Key takeaways: contemporaneous treatment and consistent histories matter, and online activity can meaningfully influence credibility findings. [2025] QDC 59; Motor Accident Insurance Act 1994 (Qld); delay in treatment; credibility; social media.
If you’re navigating a Queensland motor vehicle claim, accident legal can help. For clear, practical guidance tailored to your circumstances, contact our team or book a confidential consultation at (07) 3740 0200.