Motor Accident Compensation Claims

The laws in NSW in relation to compensation arising from a motor vehicle accident are negligence (responsibility) based, except for minors (under 18) that are injured. If you are injured in motor accidents as a result of the fault or negligence of another person in one of the following situations you may be entitled to claim related losses sustained from the CTP (Green Slip) insurer of the vehicle/s at fault:

• The driving of a motor vehicle; or
• Action taken to avoid a collision; or
• A vehicle running out of control; or
• A defect in a vehicle causing the vehicle to run out of control;

All registered vehicles (cars, motorbikes, campervans, lorries, etc) in NSW must hold a current CTP policy of insurance. This insurance covers the driver / owner of the vehicle in respect of personal injury caused by, through or in connection with the vehicle. It  only supplies coverage in respect of personal injury and related losses such as loss of earnings, medical expenses, etc and NOT for damage to a vehicle and related losses.

Reporting the Accident & Injury

An accident in which an injury was sustained must be reported to the police by law. A personal injury claim against the CTP insurance cannot be processed until the accident has been reported and the police supply you with a Traffic Incident Number. There are strict time limits in which the claim must be reported and we would recommend you report the matter as soon as possible.

A personal injury claim against the relevant CTP insurer needs to be lodged ASAP. There is a strict six (6) month time limit that applies to lodging such personal injury claims and if this period expires prior to a claim being lodged it makes the pursuit of a claim significantly more difficult. It is therefore important that you discover your compensation entitlements ASAP and please immediately call the Australian Injury Helpline today for assistance.

If a vehicle at fault was unregistered or untraced, CTP insurance cover does not apply unless the accident happened on a road or in a public place when the Nominal Defendant will handle the claim. You must take steps to try to identify the vehicle. This includes reporting the accident to the police and seeking witnesses to the accident by, for example, placing an advertisement in a local newspaper and interviewing residents nearby to the accident scene. The Nominal Defendant is a central fund set up to handle claims involving uninsured vehicles. Public places include locations like some beaches on which vehicles are commonly driven.

Injured Children

Minors who are injured in a motor vehicle accident are entitled to pursue an injury compensation claim, irrespective of fault or responsibility for the car accident. As a rule this relates to children running out into the path of vehicles and being hit, although there could be numerous other circumstances in which they sustain an injury.

If your child has been injured in a motor vehicle accident you should immediately contact Australian Injury Helpline today for immediate assistance with advice from a specialist independent personal injury lawyer.

Negligence for the Accident

With the police involved in the accident, obviously if they prosecute a driver of one of the vehicles for Negligent Driving (or a similar charge) this will go a long way towards deciding who will be held to blame for the accident. Whilst this is not the ‘be all’ of deciding liability for a motor vehicle accident and certainly cases involving serious injury may have in-depth investigations undertaken by insurance companies, adjusters and lawyers, it is certainly an initial indicator.

Sometimes responsibility is attributed among drivers involved i.e. between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, whether a driver or pedestrian this is referred to as "contributory negligence".

It is therefore important that following the accident, you obtain the names and addresses of any witnesses to the incident and photographs of the location wherever possible.

If you are a passenger in a vehicle involved in a motor vehicle accident and are injured then ‘as a rule’ you will be considered an innocent party and entitled to pursue a claim irrespective of which driver was to blame for the accident.

You deserve to receive specialist advice on your compensation entitlements, taking into account the circumstances of how the injury was sustained so contact Australian Injury Helpline today for assistance.

REMEMBER – depending on what you were doing and where you were going when you were injured; you may also have compensation entitlements under other insurance. For advice in this respect contact Australian Injury Helpline today.

What are you Entitled to Claim?

If you are entitled to claim losses arising from the injury sustained under the vehicle&rquot;s CTP Insurance. Losses that may be able to be claimed include:-

• Loss of Earnings
• Medical Expenses
• Out of pocket expenses
• Compensation for 'pain & suffering'
• Any other losses incurred relating to the injury sustained

Please note there are limits and thresholds applied to different aspects of the personal compensation claim on which you need advice and perhaps assistance. Please contact Australian Injury Helpline today by either completing the Free Case Review on this page or telephoning us on 1800 22 33 63.