NSW Car Accidents Experienced accident lawyers to help you with your claim
Call 1800 621 071
Have you been involved in a car accident?
As a pedestrian, driver or passenger involved in an accident, you may be able to claim compensation for your personal injuries. Attwood Marshall Lawyers are experts in all kinds of personal injury claims including car accident compensation.
Contact us for your FREE, no obligation appointment and we’ll advise you on whether you have a valid case and how to proceed with a claim. We work on a no win – no fee basis.
The amount of compensation that can be claimed depends on the nature and extent of your injuries. Compensation can be claimed for:-
Past and future out of pocket expenses;
Past and future loss of income; and
Loss of superannuation.
Subject to exceeding thresholds contained in the legislation, claims can also be made for:
Pain and suffering; and
Past and future care.
Here are 6 critical things you need to know about making a car accident claim in New South Wales:
1. How to Make a Claim for Medical Expenses Only.
The Compulsory Third Party (CTP) insurer of the vehicle at fault is required to pay reasonable medical expenses up to $5,000.00. To apply for payment of medical expenses, you must lodge an Accident Notification Form with the CTP insurer at fault within 28 days of the car accident.
2. How You Make a Claim for Compensation (in addition to medical expenses).
You should report the car accident to police (generally within 28 days). A Personal Injury Claim Form should be lodged with the CTP insurer of the vehicle considered at fault. The Motor Accidents Authority (MAA) Advisory Service can be contacted on 1300 656 919 and can provide you with the name of a vehicle’s CTP insurer, if you provide them with the registration number of the vehicle at fault.
A completed Claim Form and Medical Certificate must be lodged on the CTP insurer within six (6) months of the date of the accident. Should your claim be lodged outside the six (6) months, you will need to provide a reasonable explanation for the delay.
3. A Claim Against the Nominal Defendant
If the vehicle that caused the accident was uninsured or unidentified, you will need to lodge your Claim Form with the Nominal Defendant within six (6) months of the car accident. To make a claim against the Nominal Defendant you will need to complete the Personal Injury Claim Form and Medical Certificate (completed your doctor) and send it to the Nominal Defendant, Level 22, 580 George Street, Sydney NSW 2000. You must also show that the identity of the vehicle cannot be established after due search and enquiry. This may involve placing an ad in the local newspaper seeking any witnesses to the accident.
4. Important! Limitation Periods
Court proceedings claiming compensation for your personal injuries must be issued within three (3) years from the date of the accident. If court proceedings are not issued within that time your claim becomes statute barred. This means that you lose all of your rights to recover compensation for your injuries. Before being entitled to issue court proceedings claims procedures must have been followed, applications to the Motor Accident Authority completed, particulars supplied and offers of settlement made.
5. After a Claim is Lodged – Your Medical Treatment
Once the claim is accepted by the CTP insurer, they may pay for all reasonable hospital, medical and rehabilitation costs.
6. Settlement
Once your injuries have stabilised, the CTP insurer will usually attempt to negotiate a settlement. The majority of claims are settled by informal negotiation or at a settlement conference. If a settlement cannot be reached, the next step is to proceed to court.
