Wagga Wagga Car Accident Solicitor - NSW Claim Lawyers

LAWYER HELPLINE: ☎ 1800 224 077

Should you be involved in a motor vehicle accident, whether as a driver, passenger, cyclist or in some other form, the aftermath can be very distressing, fraught and upsetting. At such a time, engaging the services of a specialist motor vehicle accident lawyer can help you to traverse the potentially complicated minefield of legislation with regards to the various forms of compensation and benefits that may be available to you.

At Wagga Wagga Car Accident Solicitors we deal directly with insurers every day on behalf of our clients, helping them to maximise their benefits and compensation and taking the worry out of the process of claiming. For free advice without any obligation fill in our online contact form or contact our legal team by phone.

Compulsory Third Party Insurance

In New South Wales, the Compulsory Third Party Insurance scheme is the legislation that acts to protect those who have been injured in an accident through no fault of their own, providing a variety of different levels of compensation and benefit, overseen by the Motor Accidents Authority of NSW. This is true whether you were in a car, on a bike, on a train or in a boat.

You will be able to claim personal injury compensation as long as you are able to show that you were not completely at fault for the accident. Even if you were partly at fault for the accident that will be able to make a claim for personal injury compensation, although the level of benefits that you will be able to receive will be reduced compared with if the accident was through no fault of your own. Examples of situations where you may be partly to blame may include a motorcycle rider not wearing a helmet, a car passenger not wearing a seatbelt or being a passenger in a car when aware of the driver being under the influence of alcohol.

Blameless Accidents

As in most countries, compensation and benefits for injuries are based on being able to prove fault or negligence. However, in two cases this principle is waived in NSW, in that :-

If a person is injured by a sudden mechanical vehicle failure, a sudden illness on the part of a driver or an unavoidable collision with an animal, then the injured person will be able to make a claim for compensation under the blameless accident provisions. However in these cases a driver or motorcycle rider will probably not be able to make a claim if they were the only vehicle involved in the accident, if they were driving the vehicle which suffered the failure, or it was their sudden illness that caused the accident.

If a child under the age of 16 at the time of the accident and resident in New South Wales is injured in an accident then they can make a claim for certain hospital and medical benefits, whoever was at blame for the accident.

Lifetime Care and Support Scheme

In the unfortunate circumstances where long-term or lifelong care is required as a result of an accident, whoever was responsible for the accident, special provision is made under the terms and conditions of the Lifetime Care and Support (LTCS) scheme. This scheme provides specialist treatment, care and rehabilitation services for those who have suffered permanent injury or disability.

This covers such injuries as blindness, multiple amputations, spinal cord injury, moderate or severe brain injury and severe burns, and is available to adults who were injured on or after 1st October 2007 and children under 16 who were injured on or after 1st October 2006.

What Can You Claim?

There are a variety of services for which you can claim, and any treatment or expense that is deemed “reasonable and necessary” may be claimed. Such expenses include :-

Medical and hospital services, such as fees for doctors and the cost of drugs.
Travel expenses, such as travel to appointments to doctors for injury-related treatment.
Rehabilitation and respite care services.
Loss of income & loss of earning capacity as a result of injury.

Pain and Suffering

In special cases where there has been significant psychological or physical impairment then compensation may be available for pain and suffering or loss of enjoyment of life. Medical evidence will need to be provided for this, and there are limits to the levels of compensation that are available, and so it will be beneficial to take legal advice to help you to get the full level of compensation to which you are entitled.

Unregistered and Uninsured Vehicles

You will still be entitled to personal injury compensation even if the accident you were involved in and injured involves a vehicle that is either uninsured and/or unregistered. This is also true of the vehicle responsible for the accident cannot be identified, as long as you can satisfy certain criteria that prove these points.

In such cases you can make a claim against the Nominal Defendant, in a statutory scheme that is funded by contributions from insurers.

In Case of Death

In case of death as a result of a motor vehicle accident, close relatives will be able to claim certain benefits, notably the cost of funeral expenses, loss of financial support or the expense involved in replacing care services provided by that loved one, if appropriate. A lawyer can help you at what it is bound to be a very difficult time.

Time Limits

You should ensure that you notify the Police of the accident within 28 days, and you should also ensure that you send a personal injury claim form to the relevant CTP Insurance scheme insurer within 6 months of the date of the accident. Failure to do so may seriously affect any compensation or benefits that you are entitled to.

No Win No Fee

Wagga Wagga Car Accident Lawyers deal with insurers and clients on a daily basis, and are experts in the field of motor vehicle accident compensation and benefits. Our lawyers are willing to act for you on a no win no fee basis if they take your case.

To find out how we can help you, contact us through our online contact form or call our free helpline to talk to one of our legal team.