Motor Vehicle Accidents
Personal injury suffered in motor vehicle accidents can be tragic, pain-stricken and stressful. Often, accident victims are forced to endure countless dealings with insurance companies and state accident authorities. The main piece of legislation dealing with motor vehicle accidents is the Motor Accidents Compensation Act 1999 (NSW). Section 3 of the Motor Accidents Compensation Act 1999 (NSW) sets out the relevant definition of a “motor accident”. In general, a person injured in a motor vehicle accident involving one or two motor vehicles (with one of the motor vehicle in motion) is entitled to claim and receive damages where it is established that there is negligence on the part of the driver of a vehicle involved in the collision. The Nominal Defendant is the statutory body that accepts responsibility for motor accidents involving an unidentified or unregistered motor vehicle.
However, not all incidents involving motor vehicles causing injury to the injured party come within the definition of a “motor accident” under the Motor Accidents Compensation Act 1999 (NSW). This is where it is important to obtain prompt and professional legal advise to determine whether an injured party is entitled to claim compensation/damages arising from an incident involving a motor vehicle.
The Motor Accidents Compensation Act 1999 has been relatively recently amended (changed) to importantly provide for no-fault claims in certain limited and restricted circumstances. That is, an injured party may be entitled to claim damages in certain limited circumstances as a result of a “blameless motor accident”.
Strict time limits apply to motor vehicle accident claims, whether you are a driver of a motor vehicle, the passenger or a pedestrian on the street. To ensure you don’t miss out on the compensation you may be entitled to, contact us on (02) 9790 7000 and we will provide you with the expert legal advice and representation you deserve.
To be eligible for non-economic loss, or what is generally known as “general damages for pain and suffering” your injuries must exceed 10% whole person impairment. Even if your injuries do not exceed 10% whole person impairment you are still entitled to claim loss of income, domestic care and assistance, past and future medical treatment expenses and other damages arising from your injuries and disabilities sustained in the motor accident.
Our panel of medical specialists are able to provide detailed medical reports to be used in relation to claims for damages arising from motor accidents. Of course, our panel of experts include engineers, forensic accountants, occupational therapists and other expert witnesses who may prepare relevant reports as required depending upon the facts and circumstances of each individual claim.
The vast majority of cases are settled and finalised by direct settlement negotiations with the other party and only a small percentage of cases are heard and determined by the Court.
What should you do if injured a Motor Vehicle Accident
If you have been injured as a result of a motor vehicle accident, you should immediately:
- Seek medical attention
- Report the incident to the police
- Contact Shad Partners Compensation Lawyers to assess your legal position and to seek advice concerning your rights and entitlements