Antony is principal at AM Legal Compensation Lawyers. Antony is a highly regarded compensation claims Sydney lawyer and his experience and expertise has helped build a solid reputation amongst motor vehicle accident lawyers and he is renowned for attaining quick positive results for his clients.
Antony uses this experience now to get quick positive results on behalf of his claimant clients.
Claimants may be entitled to benefits under the Motor Accidents (lifetime care & support) Act 2006. An entitlement will arise for treatment and care under the scheme if the claimant had a spinal cord injury, severe or moderate brain damage, multiple amputations, serious burns or blindness (unless s/he has been awarded damages previously as part of a final settlement).
Can a claim be made with motor vehicle claim lawyers for injuries resulting from a car accident if negligence is not established?
Since April 2010, negligence does not have to be established if compensation is sought up to $5,000 with an Accident Notification Form. Where death or injury occurs from a “blameless accident” and it involves a vehicle that had insurance cover, it is deemed that the accident resulted from the fault of the owner / driver of that vehicle in the use or operation of that vehicle. Once there is that “fault” a claim can be made and compensation recovered.
There are various obligations and time limits, including the following. An injured person’s initial responsibility is to report the accident to police within 28 days, lodge an Accident Notification Form with the green slip insurer of the responsible vehicle within 28 days for injuries causing losses up to $5,000 and lodge a claim form with the green slip insurer within six months for injuries causing losses in excess of $5,000.
Should there be a dispute about the degree of whole person impairment, an application to resolve that dispute should be filed at the Medical Assessment Service no later than 2 years and 9 months after the date of injury. Should negligence be denied, a court case must be lodged within three years.
Should negligence be accepted but the claim fail to settle because the parties cannot agree on the quantum of damages, an application for assessment should be filed at the Claims Assessment & Resolution Service. Whilst there is no time limit for applying to CARS, because of the Court case lodgement limitation period it is prudent to file the CARS application within three years also.
This will “stop the clock” – stop the Court case limitation period from running – and enable an injured worker who is dissatisfied with a CARS decision to “appeal” to Court for a further assessment.
The motor accident legislation is silent on this. However, the NSW Police requires these reports are made in person. See http://www.police.nsw.gov.au/ for more information.
What happens if a person injured in a car accident does not know the identity of the vehicle / driver at fault?
A claim cannot be made unless “due search and inquiry” has been made to establish the identity of the motor vehicle. Decided cases say that the due search and enquiries that have to be made are those that are “reasonable” in the circumstances. They have to be prompt and as thorough as possible in the circumstances.
Their’s can include printing notices in local newspapers seeking contact from the owner / driver of the car and relevant witnesses, canvassing the scene of the accident for witnesses from nearby homes and shops, placing notices at the scene of the accident seeking contact / witnesses. If the claimant can establish to the court that the identity of the driver / car was incapable of being established after due search and enquiries were conducted, the claimant can pursue the claim against the “nominal defendant”.
What obligations are imposed on a claimant by the Motor Accidents Compensation Act 1999 (NSW) to co-operate with the insurer and what are the consequences of failing to co-operate?
The claimant must provide relevant particulars to enable the insurer to make a proper assessment of the claim. Should the claimant failure to do so for 2 ½ years after the accident, the insurer can make a written direction to the claimant to do so within two months and if the claimant fails to meet that deadline, the claim is deemed to have been abandoned.
An application can be made to reinstate the claim, but a full and satisfactory explanation must be provided and this can be costly, time consuming and without guarantee of success.
If a claimant was intoxicated at the time of injury, does this affect his/her claim for injuries caused by the negligence of a defendant?
Section 50 of the Civil Liability Act applies if intoxication impaired the injured person’s capacity to exercise reasonable care and skill for their own safety. There is no entitlement to damages unless the injury, loss or damage would have occurred even if the plaintiff was not intoxicated. If this finding is made, then a deduction for contributory negligence is to be made unless the court is satisfied that the intoxication did not contribute to the injury, death or damage. When a deduction is made for contributory negligence it will be at least 25%.
Yes, insurers have various duties, including a duty to make a decision on the issue of liability, a duty to make a “reasonable” offer of settlement and a duty to pay reasonably necessary treatment expenses.
AM Legal Compensation Lawyers specialise in providing advice for motor vehicle claims and incidents pursuant to the Motor Accidents Compensation Act. If you are seeking motor vehicle claim lawyers who can assist you in obtaining proper compensation for your claim contact Antony at AM Legal Compensation Lawyers.
AM Legal Compensation Lawyers was borne out of a desire to provide honest, timely and accurate advice & compensation claims assistance. AM Legal Compensation Lawyers provide compensation services in motor vehicle personal injury claim, occupier’s liability claims, public liability claims, TPD claims Sydney, dust disease and asbestos claims
This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.