Motor Accident Claims in NSW
If you are involved in a motor accident, the consequences can be distressing, expensive and potentially life-threatening. At times like this, a lawyer can help you get the compensation you are entitled to.
After the accident
Make sure you report the accident to the police as soon as possible after it occurs.
Take down the details of the other vehicle involved ¿ such as registration number, licence number and contact details of the driver.
It is very important to contact a lawyer as soon as possible after the accident. There are strict time limits under the Motor Accidents Act and if you delay, this may affect your rights to compensation
Who can make a claim?
You can make a claim for compensation if you are injured in a motor accident that was someone else's fault.
You can claim if you were involved in the accident as a driver, passenger, cyclist, motorcyclist or pedestrian.
Even if you were partially to blame for your injuries (eg: if you weren't wearing a seatbelt or a helmet) you may still be able to claim compensation, but it may be reduced due to your actions.
If you were injured on your way to or from work, you may be able to make a claim for workers compensation.
If you are a close relative of someone who was killed in a motor vehicle accident caused by the fault of another driver, you may also be able to claim compensation under the Compensation to Relatives Act .
What can you claim?
The most common claims are for expenses related to your injury. These can include:
- medical expenses (such as hospital, doctors fees, treatments and drugs);
- care expenses (such as respite care);
- lost income; and
- ability to earn income in the future.
You should keep all records relating to expenses you incur. These include:
- receipts for medical expenses and treatments
- receipts for travel and other expenses incurred in the process of getting treatment
- proof of income (such as tax returns)
- proof you cannot work (such as medical certificates and sick leave forms)
- proof you have lost income (such as a letter from your employer or proof of previous levels of work)
If you are self-employed or run a business, you should obtain detailed records from your accountant to show you have lost work opportunities.
Make sure you keep copies of any original documents that you send to an insurance company.
You may also have to prove that therapeutic treatments are having a beneficial effect on your recovery.
If you want to claim for lost future lost income, you will need to be able to prove you had the capacity to earn the level of income you want to claim. We can help you prepare an accurate claim for future earning capacity.
Pain and suffering
If you were seriously injured, you may be able to make a claim for additional compensation for pain and suffering and loss of enjoyment of life. This is limited to people who have suffered a serious physical or psychological impairment ¿ you will need to get medical evidence to prove this.
There are also limits on the amount of compensation you can claim for pain and suffering. If you have been seriously injured, get legal advice to ensure you claim for everything you are entitled to.
Claims by close relatives
If you are a close relative of someone who was killed in a motor accident, you may be able to claim for expenses such as:
- medical and hospital expenses
- funeral expenses
- loss of financial support
- expense of replacing care or other services provided by your relative; and
- loss of income by your relative before they died.
Compensation will never replace your loved one, but it can help you on your path to recovery. A lawyer can help you at this difficult time.
Negotiations with insurers
Once you have lodged your claim, the insurance company of the driver at fault will undertake investigations to decide whether they agree to cover your claim. This may take some time if it is difficult to prove all your expenses. In this case we can negotiate with insurers on your behalf, especially to make sure any interim medical expenses are covered.
What if there is no-one you can claim against?
If the other vehicle is unregistered, or the owner is unknown (eg: in a hit and run accident) you may be able to make a claim against the ¿nominal defendant¿. This is a statutory scheme made up of contributions from insurance companies.
There can be complications in making a claim if the other vehicle was unregistered and also not capable of being registered (ie: if it had mechanical defects). Make sure you get legal advice before making a claim in this way. We can help ensure your case does not fall into a loophole in the law.
At Barwick Boitano Lawyers, we have the experience to help make your motor accident claim as smooth as possible.
Unfortunately in NSW we are not allowed to advertise what you can claim for in personal injury and workers compensation. You can only view this page if you agree that you are a client or potential client of ours or if you live outside of NSW.
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