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Substantial changes have been brought into law in New South Wales on and from 1st December 2017, that affects compensation claims.
You can still get your personal injury claims in. Old laws apply to people injured before the new CTP Scheme kicked in on 1st December 2017, so don’t miss out on 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 can I claim? Claim forms must be generally lodged within 6 months of the date of the accident. You can immediately claim up to $5000.00 for injury treatment without lodging a formal claim (not for the driver at fault claims). For claims over $5000.00, a formal claim must be lodged. You can claim economic and/or non-economic loss.
Were you injured in a motor vehicle accident after 1st December 2017?
The new CTP Scheme that commenced on 1st December 2017, significantly affects motor accident compensation claims.
FIND OUT MORE ON ACCIDENTS OCCURING DURING OR AFTER DECEMBER 2017
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.
Usually any person considered not at fault including driver, passenger, pedestrian, cyclist or motorcyclist can claim compensation.
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.
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.
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 the 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.
Damages for non-economic loss are awarded if your whole person impairment is greater than 10%. If you bring a work injury damages claim, the threshold is much higher, that is, greater than 15% whole person impairment. The difference could be worth thousands of dollars to you.
If we decide that your work injury arises out of the use of a motor vehicle and is a motor accident, our expert team here at Taylor & Scott will ensure that the Police are notified, a notice of claim form will be completed and served on the relevant insurer within six months and all procedural requirements of the Motor Accident Compensation Act will be complied with.
If we take your case, it will be conducted on a no-win/no-pay basis, which means that if you don’t win, we don’t get paid. That is our “GUARANTEE” to you.
So if you are injured at work anywhere here in NSW, our expert team of lawyers, many of whom are accredited specialists in personal injury, will carefully review the facts and circumstances of your claim to see whether it can be categorised as a motor vehicle accident.
Contact us on 1800 600 664 or complete the Contact Form on this page.
At Taylor & Scott ” We Care For You.”
You can claim compensation.
At Taylor & Scott, We Care For You.
You can still claim, although you will have your compensation reduced for contributory negligence i.e. the courts have held that not wearing a seat belt probably causes more serious injury.
This can occur where a close family member is killed. Even if you weren’t involved in the accident, if you suffer a psychological injury following such a tragic event, you may have a “Nervous Shock Claim”.
At Taylor & Scott, We Care For You.
Talk to Taylor & Scott – if we can explain the delay you may be allowed to proceed even if out of time.
At Taylor & Scott, We Care For You.
Put simply, a finding of contributory negligence against an injured person means that you share responsibility for your accident i.e. that you and your actions contributed to your accident.
Some Examples
These are but a few examples of where a finding of contributory negligence on your part may be found.
At Taylor & Scott ” We Care For You.”
Generally, the court will assess contributory negligence as a percentage. If say 10% contributory negligence is found, then your award of damages (i.e. monetary compensation that you receive) will be reduced by that 10%.
So in a circumstance where there was found 100% contributory negligence, you would not be awarded any compensation and you would lose your case.
Here at Taylor & Scott, our expert lawyers will carefully go through all the events leading up to your accident. This way we can advise you if there is a risk that contributory negligence will be found. Our lawyers will retain experts to give an opinion on the impact of your contributory negligence. This will assist the court in assessing what contributory negligence should, if any, be found.
In our experience here at Taylor & Scott, quite often the motor accident insurance company will allege a high percentage of contributory negligence. Our expert lawyers will do everything they can to ensure that this percentage is reduced to the lowest possible figure.
So if you have been injured in a motor vehicle accident anywhere here in NSW and you feel that you may be partly to blame, come and talk to the experts here at Taylor & Scott. We will provide you with a free case assessment at which we will carefully review your claim and provide you with advice as to what, if any, impact contributory negligence may have on your case. If we take on your case, it will be done on a no-win/no-pay basis, so if you don’t win, we don’t get paid. This is our “Guarantee” to you.
Contact us on 1800 600 664 or complete the Contact form on this page.
At Taylor & Scott ” We Care For You.”
Under the current Law in NSW, depending on the injuries you have suffered you may be able to claim compensation under the following categories:
To receive monetary compensation, you must establish that another party (other than you) was at fault.
At Taylor & Scott, We Care For You.
If the driver/vehicle cannot be identified, it is still possible to claim. Contact Taylor & Scott immediately so that “due search and enquiry” can be commenced.
At Taylor & Scott, We Care For You.
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When it comes to Personal Injury, Compensation and Motor Vehicle Accident claims, if we don’t win, you don’t pay*.
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