Brisbane quadriplegic wins $3.35 million compensation after 2013 crash

A Brisbane man who was left a quadriplegic after a head-on crash on North Stradbroke Island six years ago has won more than $3 million in a High Court appeal.

Last year, the Lee family had been ordered to pay $660,000 to their insurer, RACQ, after a judge found their unlicensed son, who was paralysed in the crash, had been driving their van when it crashed.

The scene of the crash on North Stradbroke Island on September 25, 2013. Credit: RACQ CareFlight Rescue

The family, who moved to Australia from Taiwan in 2008, were heading to the Blue Lake when their Toyota Tarago swerved into an oncoming four-wheel-drive about 1.30pm on September 25, 2013.

The crash left then-17-year-old Lien-Yang "Mason" Lee with incurable partial tetraplegia. His two brothers, mother and father also suffered injuries in the crash.

The family lodged an insurance claim with RACQ and were paid a sum of money.

The insurance company then claimed they were "induced to pay those monies by deceitful representations" that the father was driving at the time of the crash, according to court documents.

The trial judge upheld RACQ's claim the boy was driving at the time of the crash.

However, a successful High Court appeal on Wednesday turned the case around and ruled the then-17-year-old was in the back seat at the time of the crash and his father was the driver.

According to court documents, the 4WD driver said in his statement there were three male children in the back seat at the time and he believed their father was driving.

Mason lee is mostly wheelchair-bound and can only walk short distances with crutches or a walker.

In addition, Jeffrey Harvey, an attending police officer, believed Mr Lee's father identified himself as the driver during an initial interview conducted with the help of an interpreter at the scene.

Mr Harvey recorded the positions of the occupants of the van as the father in the driver's seat, the mother in the front passenger seat and Mr Lee with his two brothers in the rear passenger seats.

However, when Senior Constable Pepper, the principal investigating officer, attended the scene later that afternoon and was not given Mr Harvey's account of the crash.

According to court documents, Senior Constable Pepper instead wrote in the incident summary report: "The driver was unknown as the occupants were refusing to state who was driving it, but inquiries indicated that it may have been an unlicensed 16-year-old male [referring to Mr Lee]."

One of the key pieces of the evidence against the family's appeal was Mr Lee's blood on the driver's airbag, indicating he was driving at the time of impact.

However, a doctor who came to help at the scene said Mr Lee's father did not have any injuries, but he did notice Mr Lee's father had blood stains on the palms of both hands.

On Wednesday, the High Court's panel of justices ruled Mr Lee was in the back seat with his two younger brothers and his father was driving.

The High Court found Mr Lee's blood had been transferred onto the driver's airbag after his father cradled his son’s bleeding face.

As Mr Lee's mother was trapped in the front passenger seat, his father then climbed through the driver’s side to check on her, causing his bloodied hands to brush against the airbag.

The Lee family have been fighting to set the record straight for six years.

"I was actually asleep during the car ride and when I woke up I was lying on the ground. I couldn’t lift my arms and legs," Mr Lee said in a statement.

"I could only move my toes at first and it has taken years of physio in hospitals and hydrotherapy before I could walk on crutches to maintain the level of movement I have.

"Right now I can walk a bit with my crutches or a walker. We have been waiting for this day, there was a lot of anticipation. We didn’t know what was ahead."

Mr Lee was awarded $3,350,000 in damages to cover his rehabilitation expenses, loss of wages and future expenses. RACQ Insurance Limited was also ordered to pay Mr Lee’s legal costs.

Slater and Gordon lawyer Nicola Thompson, who represented the Lee family, said it had been "a difficult and challenging road" for them to reach Wednesday's High Court victory.

"Mason will now be able to receive the assistance and equipment he needs for the rest of his life, including a wheelchair, walking aids, rehabilitation and home modifications," she said.

"This week’s decision will provide them with certainty that Mason will receive high-quality care, as previously they couldn’t afford a carer and this will now be an option to them."