What do you do when you’re in an accident on the road, but there’s nobody around to witness it?  A recent Court of Appeal decision demonstrates one of the many complicated issues that can arise in motor vehicle accidents.

A cyclist was awarded damages by a District Court Judge for injuries sustained during a fall from his bike. However, after the Court of Appeal decision, he will be forced to go through another trial after the decision was successfully appealed.

In 2012, Michael Cordin was cycling on Minyon Falls Road, north of Lismore, when he fell and suffered severe head injuries.

No-one witnessed the accident. The car was never identified. Mr Cordin was successful in making his claim, and proceeded to Court, where he received an award for damages of $350,000. The insurance company appealed and won.

When people are injured by uninsured or unidentified vehicles, they might still be able to claim CTP compensation through the Nominal Defendant, to ensure that they don’t miss out on appropriate treatment and compensation.

This case demonstrates how complicated it can sometimes be to make a motor vehicle accident claim, particularly in circumstances where there are no witnesses to the accident itself.  If nobody witnessed the accident, how do you prove how the accident occurred?  It is important that all of the evidence is carefully considered when you are approaching the way a claim is handled. If you have been injured in a car accident, you need an expert to help navigate the complex area of personal injury law.

Emma Mead is an Accredited Specialist in Personal Injury Law and has had many years of experience in motor vehicle accident claims. You can contact her on 1300 292 700 or email [email protected]. There is no fee for making an initial inquiry with us.

Image: Velosurance


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About the Author
Emma Mead

Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She is also a National Accreditor Mediator and has a Graduate Diploma in Family Dispute Resolution. She specialises in all personal injury and family law disputes, locally and across New South Wales.