Motor Vehicle Claims
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What can we do for your motor vehicle claim?
In NSW if you are injured in a motor vehicle accident and you were the driver, passenger or a pedestrian not at fault, then you may be entitled to make a claim for compensation under the Motor Accident Compensation Act 1999. The law also allows family members to claim a specific type of compensation in circumstances were they may have lost a loved one in a fatal motor vehicle accident.
The law has also been recently amended to allow certain class of persons to claim compensation in specific instances. These include:
- If the accident is considered to be a blameless accident;
- If the injured person is 16 years of age or younger is considered responsible for the accident (compensation is limited to medical expenses and care);
- If the injured person is at fault and has sustained a serious injury such as brain damage or amputations, they may be entitled to claim under the Lifetime Care and Support Scheme.
You are unable to make a claim if you were entirely at fault for the accident.
Strict Time Limits
The law in NSW governing compensation claims sustained in a motor vehicle accident is very complex and difficult to navigate without legal assistance. More importantly the legislation imposes strict time limits by which injured persons must attend to things or risk their claim being rejected.
Some crucial time limits to be mindful of include the following:
- You must report a motor vehicle accident and injuries sustained within 48 hours of the accident occurring.
- You must lodge a claim form with the CTP Insurer within 6 months from the date of accident.
- You must commence Court Proceedings within 3 years from the date of the accident.
For accidents occurring after October 1999, if a CTP claim has been lodged with the insurer within 6 months from the date of accident and the insurer has accepted liability for the accident on behalf of their insured driver, their claim will generally proceed through the Claims Assessment Resolution Service, even if outside of the 3 year time limit!
At Veritas we recommend that you contact our experienced Solicitorsfor advice as soon as possible following a motor vehicle accident.
Things to do following a motor vehicle accident:
- Obtain the complete registration details of the vehicle at fault.
- Report the accident to the Police as soon as possible, and not later than 48 hours following the accident. Make sure a report is actually lodged and you are provided with an Event Number.
- Lodge an Accident Notification Claim Form with the Comprehensive Third Party (CTP) Insurer within 28 days.
- If your injuries are serious and you are likely to require medical expenses in excess of $5,000 then proceed directly to lodging a Personal Injury (PI) Claim Form. PI Claim Forms must be lodged with the relevant CTP Insurer within 6 months from the date of accident. We can help you complete these forms.
- Seek legal advice in respect of your rights.
If you have not lodged the CTP claim within 6 months, then we recommend that you do so immediately or call Veritas for assistance because you will be required to provide a full and satisfactory explanation for the delay in lodging your claim outside of the requisite period.
If the driver at fault is unknown (eg. Hit and run) or uninsured, there is a government scheme in place to cover these situations. You must lodge a claim with the Nominal Defendant Scheme. In order to do this, you need to contact the Motor Accidents Authority on 1300 656 919 and have them send out a claim form for the Nominal Defendant Scheme. Alternatively call us and we will be able to help you. If liability is accepted, you may be entitled to compensation.
What if the insurance company denies liability?
If liability is denied by the insurance company or if they only accept partial responsibility, you will need to apply for an exemption from the Claims and Assessment Resolution Service and take your matter straight to court. Seeking legal advice at this juncture is highly recommended.
What am I entitled to?
As you may be aware, the NSW Motor Accident Compensation Laws have had an overhaul courtesy of former Premier Bob Carr and his Labor Government. The laws have been changed to favor the Insurance companies and you, the person who was not at fault and who did not ask to be injured have had your entitlements drastically diminished. These laws are not fair, the innocent people of NSW Motor Vehicle accidents are suffering and not being compensated. That is why we at Veritas we want to make sure you get the full entitlements from what little the Government has left you.
If you are injured in a motor vehicle accident and it wasn't your fault, you may be entitled to lost wages. This may be claimed from the Compulsory Third Party insurer for past and future wages.
You may also be entitled to medical expenses which were incurred as a result of the motor vehicle accident. This can also be claimed from the Compulsory Third Party insurer for past and future expenses.
In order to be entitled to any lump sum compensation for 'pain and suffering' in NSW, the injury sustained must be assessed at 10% whole person impairment - this is an extremely high threshold. In order that the Compulsory Third Party insurer offers you exactly what you are entitled to, the staff at Legal Injury are here to field your calls to ensure your rights are not being exploited.
You also be entitled to claim compensation for other things, such as domestic assistance and lost superannuation. At Veritas our staff are armed with the specialist knowledge to advise you of what you may entitled to and how to go about receiving these entitlements.
Motor vehicle accident compensation law is complex and it is important to act as soon as possible following an accident. If you are suffering from a car accident injury and have further questions about seeking compensation call 131 LAW or email one of our expert compensation lawyers today.