You have been in a motor accident. You are seriously injured. Can you claim compensation?
Yes, under the Motor Accident Act, 1999. An accident victim will be eligible for damages for injuries as a result (or partly as a result) of the negligence of another party being the driver or owner of a motor vehicle. All registered vehicles in NSW carry Green Slip Insurance to cover those accident victims.
What types of Accidents fall under this category?
At Taylor & Scott we can assist you through the complicated and technical process. From advising on liability, filling out the initial claim form, assessing your future needs and entitlements, through to examining offers of settlement and concluding your matter. Taylor & Scott assure assistance and guidance through every step to receiving your compensation.
Damages include payments for medical expenses, loss of wages, and possibly, general damages for pain and suffering provided these exceed the 10% whole person impairment threshold. Where injuries do not exceed 10% whole person impairment, claimants may still be entitled to claim for past and future treatment expenses, past and future loss of wages, and legal costs.
Who can claim personal injury compensation in a motor accident? Usually any person considered not at fault including driver, passenger, pedestrian, cyclist or motorcyclist can claim compensation.
What are the different types of claims? Other driver or owner at fault You must show a vehicle driver/owner was at fault. Even if you were partly at fault (e.g. not wearing a seatbelt, driving intoxicated, speeding) you may still be eligible for reduced compensation. If you are older than 16 years old, and totally at fault, you may not be able to claim.
Children’s special benefit
If you are under 16 years old and a NSW resident, you can claim under the children’s special benefit claim even if you caused the accident.
Blameless accidents A blameless accident is where the driver is not at fault, such as the driver suffering a sudden illness (ie heart attack, stroke), unexplained mechanical failure (e.g., brake failure) or unavoidable collisions with an animal on the road although in this circumstance the owner of the animal may be able to be sued.
Lifetime Care and Support (LTCS) Scheme Any adult or child catastrophically injured (e.g., spinal cord injury, brain injury, blindness, severe burns) in a motor vehicle accident is eligible for assistance under the LTCS scheme. This scheme provides rehabilitation and attendant care services, regardless of who is at fault.
Nominal defendant If you are injured because of the fault of an unidentified vehicle (e.g., hit and run) or unregistered vehicle (ie uninsured), you are eligible to make a nominal defendant claim. Special care is needed to ensure that due searches and enquiries are made in these claims to try and identify the part at fault. Taylor & Scott can assist with this process.
What can I claim? Claim forms must be generally lodged within 6 months of the date of accident. You can immediately claim up to $5000.00 for injury treatment without lodging a formal claim (not for driver at fault claims). For claims over $5000.00, a formal claim must be lodged. You can claim economic and/or non-economic loss.
Do you need any help with your claim? Personal injury in motor accidents can be tragic and devastating, even more so when fault is involved. Strict time limits also apply to motor accident claims. It is highly recommended to contact a lawyer to ensure you do not miss out on your entitlement.
Need Help – Contact Taylor & Scott Lawyers on freecall 1800 600 664. Taylor & Scott have accredited specialist lawyers specialists lawyers experienced in personal injury law. We will help you every step of the way.
- When liability is accepted, undecided or denied
- Your treatment and rehabilitation needs
- Settling your claim (e.g., proving your medical condition)
- Preparing your claim for presentation at CARS and MAS. Representing you at any hearing of your dispute
Taylor & Scott Lawyers have been helping accident victims for almost 100 years. Our experience gives us the advantage that you want on your side.
It is important to note laws governing personal injury vary depending upon the state or territory in which an accident occurs. Taylor & Scott Lawyers are your trusted specialists to fight for the rights of accident victims.
Remember our lawyers will visit you in hospital or at home if you are unable to come to us.
If we decide to act for you we will do so on a” No Win No Fee Basis” that is our “Guarantee” to you.
So fill in the “Contact us” form and let one of our expert lawyers arrange a forty minute free consultation to ensure you are fully aware of your rights.