How do medical assessments affect car accident damages claims?

Published 07 Aug 2018

Filing a claim after a car accident can be stressful and daunting, especially because you may have already experienced a traumatic accident. You probably do not feel like dealing with the insurance and legal requirements that follow. But if you were injured in the car accident, you may be able to receive accident compensation.

How do you go about obtaining a medical assessment, and how do they affect car accident damages claims?

Medical assessments

According to the State Insurance Regulatory Authority (SIRA) in New South Wales, medical assessors are individuals who are appointed in compliance with the Motor Accidents Compensation Act, who make medical assessments after motor vehicle crash injuries are incurred.

These professionals assess whether there was significant pain and suffering due to crash-related injuries, and if there was any loss of life enjoyment experienced because of them, which are considered non-economic or non-monetary damages.

Medical assessments exist to figure out which parties in an accident, if any, are able to claim accident compensation, in addition to how much related compensation they will receive.

How do assessments affect damages claims?

Depending on the results of a medical assessment, the damages claims of injured parties will be affected. Non-economic loss damages will only be paid out to the injured party only if the injuries are severe enough to cause permanent impairment, according to the SIRA.

In addition, the degree of the injury resulting from the accident must be a permanent impairment of more than 10 per cent. This means that if your permanent impairment is greater than 10 per cent, you will be able to file a claim that includes non-economic damages.

If it is found to be less than 10 per cent from the medical assessment, you will still have the option to make a claim but will not be able to include non-ecomonic damages. The amount of compensation you receive will then take into account the non-economic damages included in the claim.

If there are any issues that arise between you and your insurer during the process, the Medical Assessment Service (MAS) can assist in assessing medical disputes and determine what treatments are needed, in addition to proving that permanent injuries of more than 10 per cent were incurred.

If you believe that you are entitled to compensation after an accident, contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to see if you are eligible or if you have other questions.