Motor Vehicle Accident Claims
Suffering from an injury as a result of a motor accident
If you have suffered an injury as a result of a motor accident (including a motorbike) you may be entitled to an award of damages or compensation if the accident was the fault of a driver or owner of a motor vehicle. This may mean you were the driver of a motor vehicle, a passenger in a motor vehicle; or a pedestrian or bike rider hit by a motor vehicle. And, even if you can’t identify the person responsible for your injury, you may still be able to pursue a claim.
A dependant of a person who died in a motor accident may be able to make a claim for dependency against the negligent party who caused or partly caused the death.
Our team is dedicated to representing the interests of individuals and families, adults and children, who suffer a personal injury or harm as a result of an accident or negligence. In most cases, strict time limits apply to personal injury claims and we recommend that you seek advice as soon as possible after such an event. This ensures you do not lose your right to make a claim for compensation.
Who Can Claim for a NSW Motor Vehicle Accident?
‘Other driver or owner at fault’: If you have been injured in a motor vehicle accident and you can show that a driver or owner of a vehicle, other than you, was partially or completely at fault you can make a claim for personal injury compensation.
Any kind of road user can make a claim including a driver, passenger, pedestrian, cyclist, motorcyclist or pillion passenger.
Even if you were partly at fault in causing your own injuries, you may still be able to make a claim, but the compensation you receive will be reduced. Examples of where you may be partly at fault include:
- Not wearing a seatbelt
- Not wearing a helmet when riding a motorcycle or bicycle
- Driving under the influence of drugs or alcohol
- Travelling in a vehicle where you know the driver to be under the influence of drugs or alcohol
- Driving at an unsafe speed
- If you were 16 years or older, and were completely at fault in the accident in which you were injured, you may not be able to make a claim for personal injury compensation
Are there Time Limits to bring a Motor Vehicle Accident Claim?
Yes. You have three (3) years from the date of your accident to commence a claim for compensation. No exceptions will be made outside of the period.
What Should I Do After My Motor Vehicle Accident?
- You must report the accident immediately to the police to determine who was at fault of the accident
- Take down as many details of the accident as possible – where it occurred, the other driver’s name, registration and License number, any witnesses, even take photo’s of the site or other relevant factors
- Consult a doctor as soon as possible to have the injuries treated and recorded
- You must lodge a Notice of Accident Claim Form and a Motor Vehicle Accident Personal Injury Claim form with the person at fault’s insurance company
- Get in touch with a lawyer at any point, and as early as possible to ensure you under your rights and obligations
What Happens if I had a Motor Vehicle Accident During Work Hours?
In New South Wales, if you have been involved in a Motor vehicle Accident during work hours – this includes travelling to and from work and during work hours and you sustained an injury – you may have an entitlement to lodge a Journey Claim through your employer’s insurance company. Alternatively, you may be entitled to a Workers Compensation Claim.
We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit. Please get in touch if you would like to find out more. There is no charge to make an initial enquiry.
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