Orange Car Accident Solicitor - NSW Injury Compensation Lawyers

LAWYER HELPLINE: ☎ 1800 224 077

The chances are that you will be involved in a motor accident at some stage in your life, and when it happens it can be encouraging to know that you are backed by a motor vehicle accident lawyer who can help you to get the compensation that you are entitled to, at a time which can be very expensive, stressful and even life-threatening.

We have expert, experienced lawyers who deal with insurers on a daily basis to ensure that our clients are adequately compensated for their injuries and accident-related expenses rsulting frm an Orange car accident. We know what levels of compensations are appropriate for different situations and injuries, and we work to ensure our clients get what they deserve, providing no win no fee advice. Fill in our online contact form or call our legal team for free advice.

CTP Scheme

A particular scheme exists under these circumstances, which applies to injuries caused by Orange car accidents, known as the Compulsory Third Party Insurance (CTP) scheme. This is monitored by the New South Wales Motor Accidents Authority, and the Motor Accident Compensation Act covers compensation for accidents that take place not only on the roads but even on rail or on the water.

In whatever circumstances you were involved in an Orange car accident – driver, passenger or cyclist – you will be able to claim, as long as you can show that someone else involved in the accident other than you, either partly or in whole, was responsible for the accident.

Even if you were partly to blame for the accident, you will still be able to make a claim, although the level of compensation that you are entitled to receive will be lower than if you were not to blame. Examples of situations where you may be partly to blame include travelling in a vehicle where either you or the driver, known to you, is responsible for drunk driving, travelling in a vehicle without a seatbelt, or riding a motorcycle without a helmet.

Also, if your accident and injury occurred while on the way to or from work, then you may also be able to claim workers’ compensation.

Blameless Accidents

In most cases, entitlement to compensation as a result of a claim is based on proving that the other driver is at fault for the accident. However, certain circumstances occur where a claim can be made under the scheme irrespective of where the fault lies for the accident:

If a child is under 16 at the time of the Orange car accident, then a claim for benefits can be made. This claim can cover such items as hospital and medical expenses, as well as care and rehabilitation services, regardless of who caused the accident.

If an injury is caused by another driver’s unexplained mechanical failure or a sudden illness (a stroke or heart attack would be a good example) then the blameless accident provision covers claims made under these circumstances. However, some restrictions do apply in these cases. A driver may not make a claim the injury occurred from a single vehicle accident or if they were the driver of the vehicle that causes the accident (e.g. if it was their heart attack or their vehicle that failed).

Lifetime Care and Support Scheme

In some cases, injuries may be so severe that long-term or even lifetime care is required as a result of a motor accident. In this case, cover may be provided through the Lifetime Care and Support (LTCS) scheme, which provides rehabilitation, care and treatment services in the case of long-term injury. This assistance is available regardless of fault for the accident. Types of injury covered by this scheme include brain injuries (if severe enough), amputations, loss of sight, severe burns and spinal injuries and paralysis.

Children who were under the age of 16 and injured in a motor accident on or after 1st October 2006 are eligible for the LTCS, as are adults who were injured in accidents on or after 1st October 2007.

Compensation Benefits

As with many schemes there are limitations on what you can claim. The main limitation, other than with regard to whether you were at fault for the accident, involve treatments and services that are deemed to be “reasonable and necessary” for your treatment. These may include :-

Hospital and medical services, treatments that are deemed necessary for your care.
Travel expenses, such as expenses for travelling to and from medical and hospital appointments.
Care expense, such as those incurred by respite or special care.
Loss of income and loss of ability to earn income in the future.

Pain and Suffering

If your injuries are deemed to be serious enough, then you may be entitled to claim additional compensation for “loss of enjoyment of life” if the quality of your life has been significantly impaired and also “pain and suffering”. In these cases you will need to provide medical evidence to show that this is the case.

It is advised that if you wish to make an Orange car accident claim for these benefits that you obtain legal advice, as there are limits on the level of compensation that can be granted under these circumstances.

Unregistered Vehicles

In certain circumstances it may not be possible to identify the vehicle responsible for the accident or it may be uninsured. In these cases a statutory scheme exists, whereby if the circumstances qualify you can make a claim to a ‘Nominal Defendant’, funded by contributions from insurance companies.

Fatal Accidents

In the sad circumstances of loss of life as a result of an accident where another driver was at fault, compensation is available to close family to cover a wide range of expenses, such as loss of income up to the time of death, loss of financial support and funeral expenses, all of which can be advised upon by a lawyer.

Time Limits

Accidents must be reported to the Police within 28 days should you wish to make a claim, and a Personal Injury Claim form must be returned to the CTP insurer within six months. Any later than this and your entitlement to compensation may be affected.

No Win No Fee Claims

Orange Car Accident Solicitors have years of experience of dealing with insurers, acting quickly and decisively on behalf of their clients, and offer a no win no fee service to clients.

For a free consultation call our free helpline or complete our online contact form.