Kerang crash victim settles with insurer

Herald Sun 23.07.09

A SURVIVOR of the Kerang train disaster has settled a payout with the insurer of the truck driver involved. Vicki Winkel is the first of eight passengers seriously injured in the crash to receive compensation for lost earnings and pain and suffering.

Eleven people died when the train collided with a truck at a level crossing north of Kerang in June 2007. Families of those killed are also likely to seek compensation from the insurer, the Transport Accident Commission.

The amount of Ms Winkel's compensations confidential, but legal sources estimate it will be between $500,000 and $750,000. The case settled during mediation, averting a Supreme Court case, which was due to start next Monday.

Ms Winkel suffered horrific facial injuries and swelling to her brain. She was in a coma for six days and had major facial surgery. The TAC will also pay Ms Winkel's medical and rehabilitation expenses for the rest of her life.

Ryan Legal's Shane Ryan, who represents 10 of the crash victims, said Ms Winkel could not work again because of her injuries. Her husband, Karl, is now her full time carer.

The couple went close to bankruptcy after the crash, struggling to pay the mortgage on their Merbein house on their fortnightly pension.

This compensation will give them some financial security," Mr Ryan said. Ms Winkel said she hoped the news would encourage others injured in the crash."It's a big relief to have it all behind me. But no amount of money could give me back what I have lost," said Ms Winkel, 51.

"We will be able to do up our house a bit to make it more comfortable. I spend a lot of time at home now." Ms Winkel said she was told she would suffer numbness on the left side of her face and reduced facial muscle control for the rest of her life.

A spokeswoman for the TAC said another person had made a claim for pain and suffering and lost income, and a number of claims were expected. "Eligible people injured in the crash have an opportunity to settle their damages claims outside the court system through dispute resolution protocols or mediation," she said.

A Supreme Court jury last month acquitted the driver of the truck that collided with the V-Line train - Christiaan Scholl, of Wangaratta - of all 19 charges against him, including 11 of culpable driving causing death.