Dubbo Car Accident Solicitor - NSW Injury Compensation Claim

LAWYER HELPLINE: ☎ 1800 224 077

A motor vehicle accident can be one of the most sudden, stressful and damaging events to happen in our lives, and thousands of peoples’ lives are changed significantly by such accidents every year. Fortunately, if you should happen to be in an accident, Dubbo Car Accident Solicitors can help you gain access to the levels of compensation and benefits that you will need to help in your recovery. We deal with insurers on a regular basis and have an expert knowledge of the legislation involved.

You can contact us for no obligation advice either by calling our legal team directly or by filling in our online contact form and we will get in touch with you.

Claiming for Compensation and Benefits

In New South Wales a special scheme exists, known as the CTP Insurance (Compulsory Third Party) Insurance scheme. This scheme is monitored by the Motor Accidents Authority of New South Wales, and covers compensation for a wide range of different accidents, whether on the road, rail or even on the water.

If you have been involved in an accident whether as a pedestrian or passenger, as a driver, cyclist or motorbike rider, then you can claim personal injury compensation as long as you can show that the accident was not your fault, either partially or completely. You may even find that you are entitled to workers’ compensation if you were injured in an accident while making a journey to or from your place of work.

Even if you were partly to blame for the accident then you will still be able to make a claim for some compensation, but the amount and types of benefit that you will be able to receive will be limited. Individuals may be partly to blame for injuries received from an accident in such circumstances as not wearing a seatbelt or riding a motorbike without a helmet.

Claiming in the Case of Blameless Accidents

The legislation with regards to the CTP Insurance scheme works as a fault-based system, where benefits and compensation are dependent on who was to blame for the accident. However, even so there are certain circumstances in which a claim can be made under the scheme irrespective of who was at fault for the accident :-

If the accident was as a result of a sudden illness on the part of a driver (for example, a heart attack or stroke), an unavoidable collision or the sudden mechanical failure of a vehicle, then persons injured in this case will be able to make a claim under the blameless accident provision. Drivers however may not be able to make a claim if they were the one injured in the accident or the accident was a result of a single vehicle or they were the ones who were suddenly taken ill. Legal advice will help you to decide whether you can make a claim in such cases.
The second circumstances concerns injuries received by children under 16 years of age at the time of the accident, who will be able to make a claim for medical and rehabilitation services if injured in NSW, irrespective of who was to blame for the accident.

Lifetime Care and Support Scheme

In many cases, injuries are fortunately temporary and most people make a 100% recovery. However in some cases that may not be the case and lifetime support and extra care may be needed, in which case the Lifetime Care and Support (LTCS) scheme is able to help. This scheme is open to children (under 16) injured on or after the 1st October 2006 and adults injured on or after 1st October 2007.

The LTCS covers special care for those with long-term injuries, providing treatment, rehabilitation and care services for those with moderate to severe spinal or brain injuries, permanent disabilities such as loss of sight or multiple amputations, and serious burns.

Claiming for Treatments and Services

Any treatments and services that are deemed to be “reasonable and necessary” as a result of the injuries from a motor vehicle accident are eligible for claims. These most often include :-

Medical and hospital services, such as drugs, treatments, hospital expenses, doctors’ fees etc.
Travel expenses, such as travel to and from hospital for injury-related diagnostic and treatment appointments.
Care expenses, such as rehabilitation and respite care.
Loss of income, due to being unable to work, and loss of potential to earn future income, due to injuries received in the accident.

Loss of Enjoyment of Life & Pain and Suffering

If permanent impairment occurred as a result of motor vehicle accident, then it may be possible to make a claim for compensation for “loss of enjoyment of life” or “pain and suffering” as a result of the injuries. This is when significant psychological or physical impairment has affected the quality of life of an individual.

Compensation is limited in these cases, and it is advisable to retain the services of a lawyer to help you through this process. Medical evidence will also be needed to back up the relevant claims.

Uninsured and Unregistered Vehicles

Making a claim against a driver who was responsible for an accident may sometimes be made more difficult by a vehicle being unregistered or uninsured, or impossible to identify. As long as these circumstances can be proven, provisions are in place whereby a claim can be made against a Nominal Defendant. This is funded in a statutory scheme by contributions from insurers, and allows personal injury claims to go ahead in such cases.

Claiming in the Event of Death

In the unfortunate circumstances of the death of a loved one due to a motor vehicle accident, specific provisions apply to provide compensation under the Compensation to Relatives Act. Typically this will cover such items as funeral expenses, but can also cover loss of financial support and even to cover the cost of replacing care services that might have been provided by that loved one if appropriate.

Time Limits

Knowing when you must make your claims is very important, as claiming outside the statutory time limits may affect or nullify your claim.

Your claim for compensation must take place within 6 months of the date of the accident, and you should also notify the Police within 28 days of the accident.

No Win No Fee

If we are able to take your case, then we offer to do so on a no win no fee basis. In order to find out whether we can take your case we offer a no obligation first consultation. You can contact us through the online contact form or calling us direct to discuss your circumstances, and we will work with you to protect your interests.