Layton Smith Justice at last

The Smiths can finally smile, knowing their boy’s future is set Tracy says Layton is a happy, bubbly teenager who loves to sing and dance.

The faamily family of Sydney boy Layton Llayton Smith, aka the childdchild the law forgot, can finally rest easy knowing his hiss financiial financial future is secure.

After Aafter a 13-year13-1year battle against insuranceinssurance giant NRMA, Tracy and annd Troy Smith have received a $2 million trust fund for theirthheir son, now 15, who sustained suustained a lifelong brain and annd physical injuries in a “blameless”“bblameless” car accident.

“We’re so grateful because ittit will make a huge difference tto to Layton’s future,” Tracy says ffrom from her home in Western Ssydney.Sydney. “There were times I thought about giving up but mmy my husband Troy wanted to kkeep keep fighting for Layton. It wawas was a frustrating battle that put a lot of strain on our family.”

The Smiths were driving on the Great Western Highway at Mount Druitt on September 7, 2004, when out of nowhere a van came flying through the air towards them and ploughed into the driver’s side of their car.

The impact pushed the car into the path of a Kenworth prime mover, which slammed into the rear right-hand side of the car, where Layton was seated.

Instead of celebrating his second birthday with a party days later, he was in intensive care. His parents were by his side making treatment plans for his future, wondering how they could possibly pay for them.

“Troy was trapped in the car and I turned and saw Layton with a big gash across the top of his head,” Tracy recalls. “I got out and held his head up but he wasn’t breathing.

“We nearly lost him a few times that day. It was touch and go for a while and we weren’t sure if he would walk or talk again.”

While Tracy and Troy escaped with minor injuries, Layton was left with a brain injury, his entire left side is affected and he’ll always need round-the-clock care.

He’s been through countless surgeries and hospital visits, and his occupational therapy, speech therapy and medical treatments will have to continue for life.

On top of all that, he needs things other children his age don’t, including special shoes that cost $180 a pair and a splint, after the accident left him with one leg shorter than the other.

The crash was pronounced a “blameless accident”, meaning the van driver wasn’t found at fault because he suffered a heart attack and died at the wheel. It also meant his insurer wasn’t liable to pay compensation, despite the fact the Smiths were also faultless.

“A car destroyed our son’s life and we didn’t think it was fair for him not to get compensation,” Tracy says. “But the law is the law. We couldn’t change that.”

In 2006, the law was finally amended due to public outcry over another blameless accident, when in 2003 Sydney girl Sophie Delezio was trapped under a car that crashed into her childcare centre after that driver also suffered a heart attack.

Like Layton, she was initially denied compensation, but after a public battle against the NRMA, they paid an undisclosed amount for Sophie’s future needs.

“Their cases were similar but she had a lot more media attention,” Tracy says. “We couldn’t see why they’d do it for one but not another.”

The Smiths took the NRMA to court seeking $5 million, but lost the case and their subsequent appeal. On the advice of Sophie’s father Ron Delezio, Troy and Tracy set up a change.org petition. It saw 40,000 people pledge to forfeit their NRMA insurance for a year if the company didn’t pay.

After initially offering the family $1.2 million and covering $80,000 of Layton’s medical bills, the NRMA increased their offer to $2 million in August, which the Smiths accepted.

“We wanted the best life for Layton,” Tracy says. “He’ll never be completely independent but we want him to live the happiest and most fulfilled life he can. We’re very grateful.”

Tracy now cares for Layton full-time, along with his brother Logan, nine – the long ordeal took its toll on her relationship with Troy and they have separated.

‘We want him to live the happiest and most fulfilled life he can’