If you want something from a business you’ve got to hit them where it hurts

A SYDNEY boy who finally won justice from an insurer taught the world a valuable lesson: If you want something from business, hit it in the reputation.

PD Blameless Crashes

I’VE learnt a lot from Layton Smith.

The 12-year-old Sydney boy left permanently brain-damaged and severely injured in a no-fault, no-compensation crash 10 years ago is a happy kid.

He shows us when you’ve spent years in pain in and out of hospital, your family is falling apart and your future is uncertain, you can still find something to smile about.

And this week he’s also shown us when you want something from a big company, no matter how fair or justified that demand may be, you’ve got to hit them where it hurts: right in the reputation.

For Layton’s family it’s been more than a decade of legal to-ing and fro-ing, patiently waiting and constantly battling for the compensation Layton was denied when a van ploughed into the family car also containing his mum and dad, Troy and Tracey, in 2004.

And only this week, after a highly publicised community push and almost 50,000 customers threatening to withdraw their business did insurance giant NRMA finally offer a “support package” for Layton.

Public Defender. The Mitsubishi Verada owned by Troy and Tracey Smith after it was hit by a van driven by Allen Messruther in September 2004. The Smith's son, Layton, 2, was left with injuries to his brain and the left side of his body. He has been unable to make a CTP claim because Messruther had a heart attack before the collision, making it a "blameless accident". Source: Facebook

The provider has been aware of Layton’s ordeal since the accident took place, refusing to offer compensation because of a legal loophole which has since been patched up. But the injustice had to be brought to a much wider audience before execs would offer to do anything about it.

Companies value their reputations, we all understand that, and when they’re made to look bad it gives them more motivation to fix a problem than simply hearing of a crappy customer experience. Many of us have probably experienced a public complaint being weighted above one that could be dealt with in private, on a smaller scale than Layton’s.

An angry, public Facebook post or tweet at your phone network, airline or major supermarket will earn you an almost instant response, while if you go to make the same complaint via a phone call no one else will ever hear, you’re more likely to be rewarded with extra time to seethe over your grievances while being left on hold for quarters of hours on end, or waiting for a call back that may never come.

It’s not that those of us complaining set out to cause trouble for these businesses.

People usually go to the media as a last resort after trying to deal with their customer services problems politely. But unfortunately it often takes a punch to their public profile to finally realise the pain, inconvenience, or just plain frustration of a customer.

JUNE 21, 2004 : Sophie Delezio, with her father Ron, severely injured & burnt after car ploughed into Roundhouse Childcare Centre at Fairlight on 15/12/03, leaving Westmead Children's Hospital in Sydney, 21/06/04, to go home after six months there. Pic Brett Faulkner. Dele/Fam NSW / Accident / Victim / Medical

Ron Delezio publicly and tirelessly campaigned for his daughter Sophie to be compensated by NRMA Insurance when she was found under a burnt-out car that had crashed into her childcare centre. The community-supported battle finally saw the family paid an unknown sum by the insurance giant, despite the fact they were not entitled to make a claim thanks to the same law that saw Layton left behind.

When I began writing about Layton’s case, Mr Delezio told me the only difference between his and the Smith family’s ordeals was the publicity he actively courted around Sophie’s case. That, and the payout, which he says only came about because of that public pressure.

With the support of the Delezios, Layton’s dad Troy finally found the courage to go public with his story, forcing him to relive the devastation of the past 10 years by constantly retelling the tragic story to reporters.

After feeling the pressure of those stories, an almost 50,000 signature strong petition for a payment for Layton, and a stream of unignorable comments on its Facebook page, the insurer this week agreed to set Layton up with a house, a trust fund and lifetime financial support for his medical needs. Layton’s future looks a bit more certain and NRMA Insurance looks like the hero.

After a decade of pain and fighting, it seems like a win-win for the business and the Smith family, but it’s a real shame it had to go this far.