If you or someone you love has been in a motor vehicle accident in Sydney, you may be eligible to make a claim. Get in touch with Gerard Malouf & Partners personal injury lawyers in Sydney to understand your rights, the process for filing a claim and how we approach motor vehicle accident claims.
When you’re involved in a car accident, it’s vital to know your rights. In New South Wales (NSW) all motor vehicle owners are required to carry Compulsory Third Party (CTP) Green Slip insurance to cover the cost of injury or death by motor accident. The Green Slip scheme was established under the Motor Accidents Compensation Act 1999 (‘Act 1999’).
This means that if you are involved in a motor vehicle accident, you are entitled to coverage for treatment of your injuries. However, not everyone knows what expenses qualify for compensation. Here’s where a Sydney car accident lawyer can help guide you through the process and advocate for your highest level of compensation possible.
Seek medical attention for a personal injury — physical, mental or emotional — resulting from a car accident as soon as possible. Insurers rely on your medical history to establish what costs are compensable.
As soon as you can, contact your CTP insurance company and that of the other owner(s) involved. Your insurance company can get you started on filing a claim, seeking repairs for damage to your vehicle or a replacement. The next step will be establishing fault. However, compensation for reasonable expenses related to the treatment and care of injuries resulting from a road accident are generally covered in NSW.
Things can get more complicated if the other party is uninsured or the other party’s insurance denies you compensation. If either of these happen, you will need a personal injury lawyer in Sydney to craft a letter of demand outlining damages from the motor vehicle accident. Also, your compensation lawyer will work out a schedule for sums to be paid and conduct any further investigation needed.
What compensation you are entitled to and what you may consider fair can be very different. Our no-win, no-fee car accident lawyers in Sydney can help you determine what costs, if any, you have a right to claim.
In NSW, anyone —pedestrians, cyclists, drivers, passengers, motorcycle riders and pillion passengers — injured in a motor vehicle accident can make a claim for compensation.
According to SIRA, claims can be made for:
Public hospital treatment and ambulance costs are covered by CTP premiums. Any expenses related to the damage of loss of a vehicle or property are not eligible for financial compensation under the ‘Act 1999’.
According to the NSW State Insurance Regulatory Authority (SIRA), you should lodge a claim within three months after the date of the accident. However, if you want to claim ‘back pay’ for loss of earnings from the date of the accident, you must file within 28 days.
In NSW, the Green Slip scheme provides for injuries whether or not you’re at fault, so long as you — the driver or passenger — weren’t under the influence of drugs or alcohol, not wearing a seatbelt, or charged with some other serious driving offense.
However, a motor vehicle accident lawyer is needed in unfortunate circumstances such as if:
You get an unfair determination by insurance company
Personal injury lawyers know how to run down what criteria were used to make an unfair determination, conduct further investigation of your car accident and help you to build a strong case based on the work done on your behalf. Worst case scenario, a compensation lawyer can file a lawsuit against the insurance company to ensure you are fairly compensated.
You need a lawyer to represent you in court
An experienced Sydney-based personal injury lawyer can represent you in court. This is unlikely but if the unexpected does happen, having experienced NSW compensation lawyers on your side can mean the difference between a good or bad outcome.
You want to remove the burden of the claim process
A motor vehicle accident lawyer can negotiate with an insurance company so that you receive compensation for treatment and care of your injury sooner. They can also handle the injury claim made to the other party’s insurance company and negotiate for a fair settlement if their insurance is low rate.
Gerard Malouf & Partners is one of the largest Australian law firms for motor vehicle accident compensation litigation. We are proud to have won over $4 billion for our clients.
Anyone injured in a motor vehicle accident benefits from consulting with a personal injury specialist. Gerard Malouf & Partners offers a free consultation to discuss the details of your accident and help you determine what type of car accident injury claim you could make. Contact us today.
Contact us for no-obligation legal advice about your car accident claim.
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Commonly asked questions about motor vehicle accident lawyers in Sydney
Physical and psychological injury related to a motor vehicle accident qualify for compensation. Pain and suffering from the emotional trauma suffered as a result of the car accident can be just as costly to treat. An expert personal injury lawyer can build a strong case to sue for damages based on emotional distress and PTSD.
The following are types of claims related to treating and care of car accident personal injuries:
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