Nowra Bomaderry Car Accident Solicitor - NSW Compensation Claims

LAWYER HELPLINE: ☎ 1800 224 077

For anyone involved in a motor vehicle accident, the immediate aftermath can be a very difficult, expensive and a stressful time. Fortunately at difficult times like this, engaging the services of experienced and skilled motor vehicle lawyers can help you gain access to the compensation and benefits to which you are entitled.

Nowra Car Accident Solicitors are experts at dealing directly with insurers on behalf of injured clients. For advice free of obligation, fill in our online contact form or call our legal team direct for information on how we can help you if you have had a motor vehicle accident.

Making a Claim

Particular conditions exist for making claims in New South Wales, in a scheme which is monitored by the NSW Motor Accidents Authority. The scheme, known as the Compulsory Third Party Insurance (CTP Insurance) Scheme covers a wide variety of accidents, not just on the road but also by rail or on the water, including a wide range of different vehicles.

If you were involved in an accident as a driver, pedestrian, passenger, cyclist, or as a motorcyclist, you will be able to make a claim under the terms of the scheme as long as you can show that you yourself were not responsible for the accident, either completely or partially.

Even if you shoulder some of the blame for the accident then you will still be able to make a claim, although you will find that the whole range of benefits and compensation is not available to you in the same way as it would be if you were not at all responsible for the accident or your injuries. Typically partial responsibility covers such areas as not wearing a seatbelt while in a motor vehicle, not wearing a helmet while riding a motorbike, or being a passenger in a car while being aware that the driver is under the influence of alcohol.

Blameless Accidents

Unsurprisingly the CTP scheme is largely geared towards compensation and benefits for those who are not responsible for accidents. However, there are a couple of circumstances where claims can be made regardless of who caused the accident :-

Where the accident is caused by unexplained mechanical vehicle failure or by sudden illness (perhaps a stroke or heart attack suffered by the driver), any person injured can claim compensation under the blameless accident provisions, although there are restrictions for drivers. Drivers cannot make a claim if they were the one driving the vehicle that suffered the failure or if it was their sudden illness that caused the accident, nor if they were the only vehicle involved in the accident.

Any child who was under 16 at the time that the accident occurred can make a claim for various benefits. These include hospital and medical services, and care and rehabilitation services. This is valid wherever the fault of the accident lies.

Long-term and Lifelong Care

In cases where serious injury has taken place as a result of a motor vehicle accident, then care and assistance may be available through a special scheme known as the LTCS (Lifetime Care and Support) scheme. This scheme was set up to provide treatment for those needing long-term or lifelong care with serious injuries in a number of categories, including severe spinal or brain injury, multiple amputations, loss of sight or similar disability and severe burns. The LTCS can pay for a variety of care and rehabilitation services in such circumstances.

Adults injured in motor vehicle accidents on or after 1st October 2007 and children under 16 injured in motor accidents on or after 1st October 2006 are entitled to relief under this scheme.

What Can Be Claimed?

Any expenses that are deemed to be “reasonable and necessary” that are incurred directly as a result of injuries caused by a motor vehicle accident are covered by the CTP. These include :-

Loss of income
Impaired ability to earn income.
Expenses with relation to extra care required.
Medical and hospital expenses.
Travel expenses (e.g. travelling to/from hospital appointments).

Pain and Suffering

In cases of serious injury where significant impairment has occurred, then it may be possible to claim pain and suffering compensation under these circumstances. Medical evidence will need to be provided to show that this is the case, and due to the limits that are placed on such compensation, both medical and legal advice would be advised under these circumstances to ensure that you receive everything to which you are entitled.

Uninsured and Unregistered Vehicles

In certain circumstances it may be difficult or impossible to determine who was at fault for an accident due to being unable to identify a vehicle, or a vehicle may be uninsured.

In these circumstances, if certain conditions are met it will be possible to make a claim against a ‘Nominal Defendant’, which is a statutory scheme funded by the insurance companies, and evidence will need to be provided to ensure the criteria for such a claim have been met.

Claiming in the Case of Death

For close relatives of someone who has died as a result of a motor vehicle accident, compensation is available through the Compensation to Relatives Act, which provides help such as funeral expenses or being able to pay for gaps in care created by the death of a loved one.

When Must I Claim?

You should notify the Police of the accident within 28 days of the accident taking place. You also need to fill in a Personal Injury Claim form and send it to the CTP insurer within six months, although it should be done as soon as possible, as failure to meet either or both of these deadlines will seriously compromise your claim and may result in compensation and benefits being withheld or denied to you.

No Win No Fee Solicitors

Here at Nowra Car Accident Solicitors we are committed to working with our clients and their insurers to help them to get the compensation and benefits to which they are entitled. We do this with a no win no fee promise on our services.

For a free, no obligation discussion about your accident and your circumstances, you can either call us direct to speak to one of our legal team or fill in our online contact form to begin the process.