Maroochydore court rules in favour of woman injured in 2021 crash

A young Sunshine Coast business owner has had a win in court after bringing an $850,000 claim against a driver who crashed into the rear of her car, leaving her with neck and shoulder injuries.

Maroochydore Court House. (AAPImage/David Clark)

A young Sunshine Coast woman has been awarded nearly $150,000 in damages after a court battle over injuries she suffered in a rear-end collision on Caloundra Rd.

Neza Jaksa, 24, took legal action in the District Court of Queensland against driver Kyle Sweeny and his insurer, QBE Insurance, after her car was rear-ended in heavy traffic on March 25, 2021, claiming she was owed nearly $850,000 in damages.

The hearings took place over five days in June and July 2024, with the ruling delivered on January 30, 2025.

Maroochydore Courthouse. (AAPImage/David Clark)

The court heard Ms Jaksa was stationary in her Mitsubishi Lancer when Mr Sweeny, driving a dual-cab Toyota HiLux, failed to stop and crashed into her vehicle about 4.15pm.

The impact left her “shocked and confused”, but she managed to drive home, only two minutes away, the court was told.

After arriving home, Ms Jaksa called the police and reported the collision.

Later that night, she reported severe pain in her neck and right shoulder and sought medical attention at Caloundra Hospital, where she was placed in a neck brace and advised to go to Sunshine Coast University Hospital for further treatment.

The insurer accepted liability for Jaksa’s neck injury but disputed her claims regarding an ongoing right shoulder injury.

Ms Jaksa, who had been working as a casual nail technician at the time, argued the injury had significantly affected her ability to work, eventually leading her to open her own salon in Mooloolaba.

During the hearing, Ms Jaksa detailed how the injury had affected her daily life, including difficulty sleeping, an inability to exercise as she previously had, and ongoing medical expenses.

She testified the ongoing pain had forced her to reduce her work hours and seek alternative treatment methods, including massage therapy.

Medical experts provided conflicting opinions on the severity of her injuries, with some supporting her claims of ongoing pain and others suggesting her symptoms should have resolved.

Judge Glen Cash awarded Neza Jaksa nearly $150,000 in damages.

While Ms Jaksa sought nearly $850,000 in damages, she accepted that such an amount was beyond the District Court’s limits.

Queensland District Courts only hear civil disputes involving amounts between $150,000 and $750,000. The insurer, however, argued she was entitled to only $96,500.

Judge Glen Cash found that while Ms Jaksa had proven the extent of her neck injury, he was not satisfied that her right shoulder injury was as severe as she claimed.

However, he acknowledged the accident had resulted in a significant impact on her livelihood and overall wellbeing.

Ms Jaksa was awarded a total of $148,826.49, which includes $8,100 in general damages, $50,000 for past economic loss, $2,625 for past loss of superannuation, $75,000 for future income loss, $7,745.27 for past and future care, $2,412 for ‘Fox v Wood,’ and $2,944.22 in interest.