Am I Eligible for Compensation Even if the Motor Accident Was My Fault?


A common misconception is that the party at fault in a motor accident is not eligible for any compensation. This is untrue. .

A motor vehicle accident includes accidents in or resulting from cars, motorbikes, buses and trucks. It can happen to those in the motor vehicles, pedestrians or cyclists.

Changes to the Motor Accident Injuries Act 2017

It’s worth noting the considerable changes that have been made in NSW from 1st December 2017, concerning The Motor Accident Injuries Act 2017. This applies to all motor vehicle accidents on and from this date.

For example, weekly compensation payments and statutory benefits for treatment will cease after 26 weeks for injured persons with minor injuries or injured persons most at fault (contributory negligence of 61% or more)

Time limit to lodge claim

Under the new laws you only have three months from the date of the accident to lodge a claim form. If the claim form is not lodged within 28 days of the accident you will not be able to claim weekly benefits for any period prior to service of the claim form.

I’ve been injured in an accident and it was my fault. What’s the next step?

When you contact Taylor & Scott, our expert lawyers can provide you with an initial free case assessment to determine whether you’re eligible to make a claim. If we are able to proceed, we can get to work completing the necessary motor accident claims forms, keeping you advised at all times of the processes we’re taking, as well as the likelihood of a successful claim. We’ll do extensive research into the accident and the medical analysis of your injuries to build a substantial case.

When you’re at fault of an accident, it can be far more difficult to claim compensation, as the insurer might have a fair bit of leverage against you (for example, being intoxicated, on your phone, etc.). However, our experts at Taylor and Scott have successfully won extremely difficult cases in the past, so our experience can only help us with your case.

Take a look at our success story for an extremely unlikely case where the claimant was faced with a defence of 100% contributory negligence.

If you think you might have a claim, speak to our expert lawyers on 1800 600 664 or complete the Contact Form on this page, and we can help you get the compensation you deserve.

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