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Motor Accidents Claims

A motor accident claim arises from the negligence of a driver or owner of a motor vehicle which causes injury to a pedestrian, passenger or driver of another vehicle. In New South Wales the motor accidents scheme is tightly regulated by the Motor Accidents Compensation Act 1999 which dictates the type an level of damages an injured claimant may recover.

If you’ve been involved in a motor vehicle accident, the first thing you must do is report the accident to police within 28. This is very important, as a CTP insurer can reject a claim if the accident wasn’t reported to Police. Secondly, you must lodge a Personal Injury Claim Form with the relevant CTP insure within 6 months of the accident. Again, this is critical as an insurer can also reject a claim for failure to lodge within time.

The relevant insure will then make a decision on liability within 3 months of lodging the claim. If they admit liability, they ought to commence interim payments for your medical expenses. These will ultimately be deducted from any settlement or judgment. If they deny liability, we can assist you in contesting the issue of liability.

The other thing the insurance company might do is admit liability but allege the accident was partly your fault. If they allege you were more than 25% responsible for the accident then you can apply for the matter to be referred directly to a Court for determination.

If the insurer does not dispute liability, then your claim may be dealt with by an Assessor from the Claims Assessment & Resolution Service. The Assessor will determine the amount of damages that should be paid to you, without having to hear the case in a formal Courtroom setting.

Broadly speaking, an accident victim will be entitled to lump sum compensation for pain and suffering, past and future loss of wages, past and future medical expenses and domestic care. In order to qualify for damages for pain and suffering the level of your injuries will need to be assessed as exceeding a 10% whole person impairment. This is done by medical professionals and if you and the insurer cannot agree, the Motor Accidents Authority can allocate an independent doctor to make a binding assessment.

Due to recent amendments to the Act in 2008, damages are now also available to injured persons involved in “blameless” motor vehicle accidents and persons suffering from catastrophic injuries, regardless of who was at fault.

Basically, our job is to achieve the best result for you in the most efficient manner with as little inconvenience and stress to you as possible.

Being Traffic and Compensation Solicitors and Lawyers, Parrmamatta City Legal is well equipped to handle your car accident claim. pedestrian accident claim, CTP claim, damages claim, negligence claim, motor vehicle accident claim, insurance claim or any other traffic accident or traffic law issues. If you have suffered an injury out of any road accident, you can rest assured that we will ensure that all your rights and entitlements are pursued.

Whenever an injured pedestrian, passenger or driver of launches a claim for personal injury damages the relevant CTP insurer invests thousands of dollars in engaging large corporate law firms, factual investigators, medical experts and forensic engineers to try to defeat or minimize your claim.

The only real interest that a CTP insurer has, is to keep as much money to themselves as possible. For that reason, it is imperative that you retain the right lawyer with sufficient knowledge, experience and resources to represent you in your claim for damages against the insurer.