Motor Vehicle Accident - NSW
NSW has a common law style 'fault' based scheme in place for people injured in motor vehicle accidents. If you are involved in a motor vehicle accident as a driver who was not at fault or partially not at fault, as a passenger or as a pedestrian struck by a vehicle and you sustained an injury you may be entitled to make a claim under the Motor Accident Compensation Act 1999.
If you were traveling on your way to or from work you may also have potential Workers Compensation entitlements.
What may I be entitled to?
The extent and the type of injuries sustained in your motor vehicle accident will have a direct effect on the compensation available to you.
Entitlements may include:
- Payment of medical expenses
- Loss of earnings
- Rehabilitation
- Long term care
- Reasonable funeral expenses in the event of a fatal injury
- Lump sum compensation for the injury sustained
Time Limits
There is a 3 year limitation period which applies in the pursuit of a motor accidents claim in NSW, although a claim needs to be lodged with the relevant CTP insurer within 6 months of the accident occurring.
All accidents must be reported to Police as soon as possible. If you do not report the accident within 28 days, this may affect your compensation entitlements.
How do I lodge a claim?
A claim must be lodged with the CTP insurer within 6 months of the date of the accident. If the CTP insurer is unknown, you need to call the Motor Accidents Authority on 1300 136 726 and quote the registration number of the vehicle at fault and they will advise who the insurer is.
If you have not lodged the CTP claim within 6 months, then we recommend that you do so immediately.
There is a government scheme in place to cover situations were the identity of the driver responsible or insurer is unknown which is the Nominal Defendant Scheme. In order to lodge a claim you need to contact the Motor Accidents Authority on 1300 656 919 and have them send out a claim form for the Nominal Defendant Scheme.
Please contact ALC Lawyers today for an initial FREE CONSULTATION as to your potential compensation entitlements. Remember time limits may apply so contact us TODAY on 1300 136 726 or by completing the FREE CASE REVIEW on this web page.
Nothing in this website should be construed as legal advice and is simply general introductory information. Please contact ALC Lawyers for advice specific to your circumstances.
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