Lismore Car Accident Solicitor - NSW Injury Compensation Claims

LAWYER HELPLINE: ☎ 1800 224 077

If you are injured as a result of a motor vehicle accident in Lismore, then our expert motor vehicle accident compensation lawyers will be able to help you. Being injured in an accident can be a very difficult, stressful and painful experience, but our experience in dealing with insurance companies can help you to get access to the compensation and benefits for which you are entitled should you need medical care or face out of pocket expenses as a result of the accident.

You can contact Lismore Car Accident Solicitors by filling in the online contact form or calling for free advice to help you to start the process.

Compulsory Third Party Insurance Scheme

The Compulsory Third Party Insurance scheme, set up and monitored by New South Wales’ Motor Accidents Authority is the scheme that provides for a wide range of compensations and benefits that may be needed when a Lismore motor vehicle accident occurs. The scheme not only covers accidents that occur on the roads of New South Wales, but also accidents that may occur as a result of rail traffic, and also on the water by boat, whether as a driver, passenger, pedestrian or cyclist.

The main criterion for accessing the various benefits and compensation available is the ability to demonstrate that the accident was not your fault, as the scheme works mostly on a fault-based system.

However, even if you were partly at fault, then you will be able to make a claim for some compensation, although the amount and types of compensation available to you will be limited. For example, if you were not wearing a seatbelt in a car, not wearing a helmet as a motorbike rider or if you were aware that you were in a car being driven by someone under the influence of alcohol, then you will be considered to be partly at blame for the accident, and therefore any injuries that result.

If the accident took place on the way to or from work and you were injured, you may be entitled to claim workers’ compensation as a result of the accident.

Claiming for Blameless Accidents

As has been mentioned, the legislation is largely a fault-based system, although there are some cases in which a claim may be made under the CPT scheme under the “blameless accidents” provisions :-

Where an accident involving the mechanical failure of a car, sudden illness on the part of the driver or an unavoidable collision has caused the injury of a person, that person can claim compensation under the scheme, however the driver of the car involved in the accident that suffered failure, or illness or unavoidable collision will not be able to make a claim. Neither will they be able to make a claim if they were the only vehicle involved in the accident.
Children who are under 16 at the time of the accident can claim for benefits if they were in NSW when the accident took place. These benefits typically include medical and hospital services and rehabilitation and care treatments, and are paid without needing to establish fault or negligence.

Lifetime Care and Support Scheme

In cases where an accident leads to serious injury, then claims may be made through the Lifetime Care and Support (LTCS) scheme. Typically this is available to adults who were injured in an accident on or after 1st October 2007 and children who were injured on or after 1st October 2006.

This scheme exists for those whose injuries are so severe that they necessitate expensive and extensive lifelong and/or long-term care for a considerable period of time. The type of injuries covered by this scheme include loss of sight causing blindness and other similar disabilities, moderate to severe spinal or brain injury, serious or extensive burns or (usually multiple) amputations. The LTCS scheme covers the more extensive cost of specialised treatments under these circumstances.

What Can Be Claimed?

The main criteria for which services can be claimed as a result of a Lismore car accident are that they must involve injury-related expenses that are “reasonable and necessary”. This does not include injuries or health-related problems that existed before the accident but those that are aggravated or that result from the accident and for which treatment is necessary. This can include :-

General hospital and medical expenses.
Travel expenses in travelling to and from hospital for appointments.
Rehabilitation and care expenses.
Loss of income or loss of ability to earn income.

Loss of Enjoyment of Life

In some cases, although the injuries may not seem severe, they may still cause considerable pain and suffering or loss of enjoyment of life. These cases involve accidents and injuries where a serious physical or psychological impairment has occurred that results in significant detriment to the quality of life.

In such cases compensation is available but may be limited, and therefore it is advisable to get the help of a lawyer to give you advice with regards to compensation and benefits.

Unregistered or Uninsured Vehicles

In some cases an accident may be caused by a vehicle that is either unregistered or uninsured, or which can’t be identified. In these cases a claim can still be made through a scheme financed by contributions from insurance companies, after certain key criteria have been met.

In these cases a claim to the Nominal Defendant is made, which means that a claim for personal injury compensation is still possible.

Claims in the Case of Death

Where a loved one has died in an accident which was someone else’s fault, a claim can be made for certain benefits, such as funeral expenses, loss of financial support, or loss of care support if appropriate. Of course these can never bring back the loved one who has died, but they can make what can so often be a difficult time financially much easier than it might have been.

When Should I Claim?

You should claim as soon as possible. You should notify the Police within 28 days of the accident, and you should send a Personal Injury Claim form to the CTP insurer within 6 months. Failure to manage these time limits may affect the validity of your claim.

How We Can Help You

Our expert and experienced Lismore Car Accident Solicitors are able to help you to get the maximum amount of benefits and compensation that are available to you, offering an initial free no-obligation discussion of your circumstances and a no win no fee agreement should we take on your case.