Gosford Car Accident Solicitor - NSW Compensation Claim Lawyer

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Many of us will be involved in a motor vehicle accident at some time, and may require treatment and other services as a result. Fortunately the professional services of a Gosford Car Accident Solicitor who is familiar with the insurers and the relevant legislation can help you to get the compensation and benefits that you need at a difficult time.

Our experienced and trained motor vehicle accident compensation lawyers have years of experience in dealing with vehicle accident claims with expert, first-hand knowledge of what levels of compensation and benefits are appropriate across the whole range of different accidents and personal needs. Call the legal team at Gosford Car Accident Solicitors for no-obligation free advice or fill in our contact form online to learn more.

How Can I Claim?

In New South Wales, the Compulsory Third Party Insurance (CTP) scheme was set up and is monitored by the Motor Accidents Authority of NSW to help the victims of motor vehicle accidents to access the whole range of benefits and compensation available to them, whether injured on the road, by rail or on the water.

Whether you are a driver, passenger, pedestrian or cyclist you will be able to claim compensation, as long as you are able to prove that you were not wholly responsible for the accident.

Even if you were partly at fault (for example, not wearing a seatbelt in a car, riding a motorbike without a helmet, being under the influence of alcohol or being a passenger in a car where the driver was under the influence of alcohol) you will still be able to make a claim. However, in these circumstances your entitlement to certain claims for benefits or compensations may be limited or non-existent.

Special Circumstances for Blameless Accidents

As with many similar systems worldwide, the CTP scheme is largely designed to provide benefits and compensation for those who were not at fault for an accident, and where the fault of another driver or person can be proven. However there are certain circumstances under which claims can be made regardless of who can be shown to have caused the accident :-

If a child was under 16 years of age at the time of the accident, then they or their parents/guardians will be able to make a claim for certain benefits. These include hospital and general medical service expenses incurred by the injury as well as the cost of rehabilitation and care services.

If someone is injured as a result of a mechanical failure of a car or the sudden illness of a driver or an unavoidable collision, then that person can make a claim under the blameless accident provisions of the scheme, although restrictions apply to drivers. Drivers themselves will be unable to make such a claim if they were driving the vehicle involved or if it was a single vehicle accident.

Lifetime Care and Support Scheme

Although many injuries as a result of motor vehicle and other transport accidents are often minor, there may be circumstances where the injuries are so severe as to cause significant long-term or lifelong care to be necessary. Examples of such injuries include loss of sight or other disability, multiple amputations, severe burns or moderate to severe brain or spinal injuries.

In such cases a claim can be made for assistance under the Lifetime Care and Support scheme (LTCS). This scheme is open to children under 16 who were injured in an accident on or after October 1st 2006 or adults injured in an accident on or after October 1st 2007.

What Can You Claim For?

A variety of different expense reimbursements can be claimed for under the CTP. This includes but is not limited to the following :-

Hospital and medical services – the cost of hospital stays, treatment, drugs etc.
Travel expenses – the cost of travel to and from hospital appointments.
Rehabilitation and care services – for example, physiotherapy and psychological services.
Loss of income and loss of ability to earn income.

Any services that are deemed “reasonable and necessary” can be claimed for.

Claiming for Pain and Suffering

If an accident is deemed to have caused significant pain or suffering or “loss of enjoyment of life”, then for those who have suffered serious psychological or physical impairment extra compensation can be paid, once sufficient medical evidence of the circumstances has been provided.

This compensation is often limited, and is it advisable to engage the services of a qualified and experienced lawyer in such cases to maximise your chances of getting compensation.

Uninsured and Unregistered Vehicles

On some occasions it can be hard to identify the vehicle involved in causing an accident or the vehicle involved may be unregistered or uninsured. If that is the case and once the key criteria to determine this issue have been met, it will be possible to make a claim through a statutory scheme that is funded by insurers’ contributions and claim against a Nominal Defendant. In these cases you will still be able to apply for personal injury compensation.

Claims for Death

If a close loved one has died as a result of a Godford car accident, then under the Compensation to Relatives Act you will be entitled to claim for such item as funeral expenses and loss of financial support. This will depend on the accident being the result of another driver. Although this will not bring a loved one back, it will provide vital financial support at a difficult time.

Time Limits

Any accident should be reported and claimed for in a quick and timely manner. Accidents should be reported to the Police within 28 days, and failure to do so may affect any claim. A Personal Injury Claim form should be filled in and sent to the relevant CTP insurer within, at the most, six months of the date of the accident, in order to maximise your claim. Failure to adhere to these time limits may adversely affect or nullify your claim.

Gosford No Win No Fee Lawyers

We offer a no win no fee service as part of our commitment to our clients. For a free, no-obligation discussion about your accident and your circumstances, you can contact us through our online contact form or phone our legal team for a free consultation.

Allow us to help you with your motor vehicle accident claim with our experienced and professional service.