Bathurst Car Accident Solicitor - Injury Compensation Claim lawyer

LAWYER HELPLINE: ☎ 1800 224 077

Most of us will be involved in a motor accident at some time in our life, either as a driver or a passenger, and the consequences of an accident may be traumatic and complicated, requiring the services of a lawyer to help you get access to compensation.

Our highly trained and experienced Bathurst Car Accident Solicitors will help you to get the compensation that you need as a result of a motor accident. Our lawyers work with accident victims every single day and have extensive knowledge of the different levels of compensation available for different types and severity of accidents, and will work hard to ensure that you get the level of compensation that you deserve.

Call our helpline or complete the online contact form to receive free legal advice.

Who can make a claim?

The Motor Accidents Authority of New South Wales (NSW) oversees the Compulsory Third Party Insurance (CTP) scheme, which covers compensation for a wide range of personal injuries which occur as a result of motor accidents, including accidents involving cars, trucks, buses, bikes, trains, boats and taxis.

In whatever circumstances you were involved in a Bathurst car accident, whether driver, passenger, cyclist etc. you will be able to claim, as long as you were able to show that you were not wholly responsible for the accident and that some or all of the blame lies with others.

Should the accident have been partly your fault the compensation that you will be able to receive will be at a reduced level but you still may be able to make a claim. There are various circumstances in which case you may be seen as being at fault partly or wholly for the accident, including drink driving, not wearing a seatbelt or helmet etc.

If your injury was received while on the way to or from work, then you may also be entitled to workers’ compensation.

Blameless Accidents

There are special dispensations in place for making claims for the Compulsory Third Party Scheme in NSW irrespective of who was to blame for a Bathurst car accident :-

For persons under 16 at the time of the accident, claims for benefits for items such as medical and hospital services, rehabilitation and care services can be made, whoever was at fault for the accident.

Where the accident was caused by a no fault failure on the part of a driver, such as a sudden heart attack or sudden mechanical failure, the person injured can claim under the provision of the scheme, although drivers may not be able to make such a claim if they were driving the vehicle that caused the accident or if they were injured in a single vehicle accident.

Lifetime Care and Support Scheme

Where serious injury has occurred as a result of a motor vehicle and in cases where lifelong or long-term care will be required, a claim for assistance can be made to the Lifetime Care and Support (LTCS scheme) which specialises in providing care and rehabilitation services. Examples of injuries which may be covered by this provision include severe spinal injuries, brain injuries, paralysis, loss of sight or serious burns.

There are application dates for this scheme, and it applies to adults injured in accidents on or after 1st October 2007 and children under the age of 16 who were injured in accidents on or after 1st October 2006.

What can you claim?

As with many schemes, claims for expenses are only valid for those treatments that can be deemed reasonable and necessary, in order to avoid frivolous claims, and involves treatment for injuries incurred by the accident itself, including :-

Hospital and medical services – e.g. doctor and hospital fees, drugs & treatments.
Medically-incurred travel expenses – e.g. travel to and from hospital appointments.
Care expenses – e.g. respite care and other care costs.
Loss of income as a result of an accident, and loss of ability to earn an income in the future.

Pain and Suffering

In certain circumstances involving serious injury you may be able to make a claim for ‘loss of enjoyment of life’ and pain and suffering if your injuries have affected your quality of life adversely. This involves serious psychological or physical injury and needs to be backed up by medical evidence. The amount of compensation available under these circumstances is limited, and it is advised (as in all cases) that you obtain legal advice to ensure you get access to everything that you are entitled to claim.

Unregistered Vehicles

A claim will still often be possible if the other vehicle involved in the accident either is not registered or insured, or if you are unable to identify the other vehicle. In this case a statutory scheme applies where a claim is made against a ‘Nominal Defendant’ funded by insurance company contributions. Certain criteria will need to be satisfied for such a claim to proceed to guarantee the validity of the claim.

Death Claims

If a loved one was killed as a result of a motor accident, then you may be entitled to claim compensation if another person or driver was at fault for the accident. Such claims typically cover a number of areas of expense, loss of financial support and funeral expenses. Bathurst Car Accident Lawyers can help you with such claims.

Time Limits

If you have been involved in an accident and wish to make a claim, you should be aware that there are various time limits which apply. The Police must be notified of the accident within 28 days. A Personal Injury Claim form must be submitted to the CTP insurer within six months of the date of the accident, although it is to your benefit to do so sooner, and your claim may be adversely affected or rejected if you are late claiming.

No Win No Fee Solicitor

At Bathurst Car Accident Solicitors, we operate a no win no fee policy, and deal with the range of insurers in the marketplace on a daily basis. We make sure our clients get their full range of compensation benefits and entitlements as swiftly as possible.

For free advice or to make a claim, fill in our contact form or call our free helpline.