Coffs Harbour Car Accident Solicitor - Injury Compensation Claim

LAWYER HELPLINE: ☎ 1800 224 077

Claiming for compensation or benefits after a motor vehicle accident can be a very difficult and stressful experience, especially when there has been serious or long-term injury. However our team of motor vehicle accident compensation lawyers can help you to get the compensation and benefits that you deserve, as a result of long experience in dealing with insurers and clients. We are highly adept at negotiating with insurers to get the compensation that our clients deserve for their injuries.

To talk to us about how we can help you, you can either complete our online contact form to start to the process or you can call our free advice line to talk directly to one of our legal team about your accident.

Making a Claim

The Compulsory Third Party Insurance (CTP Insurance) scheme is looked after by the NSW Motor Accidents Authority and is designed to provide compensation and benefits for those who have been injured in a motor vehicle accident. It is generally fault-based scheme, with some exceptions discussed below.

Whether you were a driver, passenger, motorbike rider or cyclist or pedestrian you may be entitled to make a claim for any accident or injury where you can show that you were not completely to blame. Even if you were partly to blame (for example for not wearing a seatbelt) then you will still be able to make a claim, although the level of compensation or benefits that you can receive will be limited depending on the circumstances of the accident concerned.

Workers’ compensation may be available if the accident that caused your injury occurred while you were travelling on the way to or from your place of work.

Accidents which are Blameless

Children under the age of 16 at the time of the accident and who were resident in New South Wales will be able to make a personal injury claim, regardless of who was at fault for the accident. Such claims can cover medical and hospital expenses, as well the cost of specialist care and rehabilitation services if necessary.

Another situation under which a person can make a claim regardless of who was at fault for the accident is in the case of the vehicle being involved in an unavoidable collision with an animal. The same provisions apply where a driver has had a sudden illness that has caused a crash or where an accident has been caused by unexplained mechanical failure. However in these cases the driver may not be able to make a claim if he or she was the one who was suddenly taken ill, if their car was the car that failed or if there was only one car involved in the accident.

When Lifetime Support is Needed

In the unfortunate situation where lifelong or long-term is required, then help will be available through the Lifetime Care and Support Scheme (LTCS), irrespective of who was at fault for the accident.

This scheme provides specialist care where extra treatment and help is required because of serious lifetime injuries, and includes rehabilitation and necessary care services, covering such injuries as disability caused by an accident, severe brain and spinal injuries and serious burns. This scheme is available to children under 16 who were injured on or after the 1st October 2006 and adults who were injured on or after 1st October 2007.

What Can You Claim For?

Any accident-related treatment and expenses can be claimed for as long as they are considered to be “reasonable and necessary”, although only treatment as a result of the accident (i.e. not prior conditions) will be counted for compensation and benefits. Such expenses may include :-

Loss of income or loss of ability to earn income in the future.
Care expenses – e.g. rehabilitation and care costs.
Travel expenses – e.g. the cost of transport and travel to hospital appointments for post-accident treatment of injuries.
Hospital and medical expenses – this includes such items as doctors’ fees, medical costs, drugs, hospital charges.

If in doubt, take legal advice about what sort of treatment costs you may be able to claim.

Pain and Suffering

If you were seriously injured, you may be able to make a claim for additional compensation for “pain and suffering” and “loss of enjoyment of life”. This is limited to people who have suffered a serious physical or psychological impairment – you will need to get medical evidence to prove this.

You should get legal advice if you believe this to be the case for you or for a loved one in order to help you gain access to the relevant extra compensation and benefits.

Unregistered Vehicles

In some cases it may be difficult to identify the vehicle involved in an accident, for example in the case of a hit and run accident, or a vehicle may be uninsured, unregistered or both. In those cases as long as you can prove that this was the case, then it will still be possible to make a claim for personal injury compensation by what is known as making a claim to a Nominal Defendant, which involves an insurer-funded statutory scheme for such cases.

Death Claims

In a very small number of cases a motor vehicle accident may unfortunately result in death. In such cases, close relatives of the deceased will be able to claim certain benefits if it can be shown that the accident was the fault of another driver. The most common benefit to be paid in these cases is the cost of funeral expenses but may also include loss of financial support or care support if appropriate. These claims are managed through the Compensation to Relatives Act.

What are the Time Limits for Making a Claim?

There are strict time limits that should be adhered to when making a claim. A personal injury claim form should be submitted within six months of the date of the accident and should be sent to the relevant CTP Insurance scheme insurer. An expert lawyer will be able to help you to fill out this form.

It is also important that the Police are informed about the accident within 28 days. Failure to successfully notify within these time limits may adversely affect your claim or even make it invalid, so you should consider these time limits as a priority.

Our No Win No Fee Policy

Should we take your case, then you can be reassured by our no win no fee service to you, providing the best possible service to our clients which ensures that you receive the full level of compensation and benefits available to you as swiftly and effortlessly as possible.

Get in touch with Coffs Harbour Car Accident Solicitors today through our online contact form or by speaking to our legal team direct on our free helpline.