What is the difference between driver & passenger injury claims?

PUBLISHED 05 Feb 2020

For victims of motor vehicle accidents, there’s no undoing any of the damage or injuries caused as a result, but there is a way to seek compensation for your troubles. Yet these processes are not always as straightforward as they initially might seem for the average car owner, especially when large insurance companies are involved.

When you’ve been injured in a crash and needed a medical treatment and/or suffered a personal hardship as a result, you may be entitled to compensation for some or all of the associated expenses under NSW’s motor accident compensation scheme. Personal injury law experts like those at Gerard Malouf & Partners, for example, can help accident victims in the state obtain relief from any financial burdens put upon them.

Depending on the nature of the accident and your injuries, there are different legal guidelines that must be followed to receive compensation.

Injury expenses

If you’ve suffered a severe back, head or other catastrophic personal injury in a car accident, you need to take several steps to be considered for receipt of compensation. By law, accidents must be reported within 28 days to authorities – this includes filing associated forms to the Motor Accidents Authority. Accident notification forms are a way to become eligible to receive early financial assistance, while personal injury claim forms must always be filed to get any compensation within 6 months.

Not all accidents are the same: Depending on the legal and medical repercussions, additional steps or parties may be required under the compensation scheme for eligibility. Such instances include:

Fatal accidents: Loved ones and relatives of those killed in motor vehicle accidents can make claims for compensation related to funeral or interment expenses, medical bills, loss of financial support or services including child care.

Hit-and-run accidents: Those injured in accidents where the vehicle could not be readily identified at the time of the crash must take extra steps to be eligible for compensation, including proof that you have conducted a “due search and inquiry” into the matter.

Public transportation/taxi accidents: If you have been injured as the result of a public transportation or taxi crash, you need professional assistance to determine the injury’s cause and make the appropriate claim to ensure compensation. This goes for drivers as well.

Motorcycle and bicycle accidents: In these accidents, factors such as whether the injured victims were wearing proper safety gear or were passengers determine which steps must be taken in the compensation process.

Pedestrian accidents: Pedestrians injured by motor vehicles are afforded the same rights to compensation as drivers and operators.

For free over-the-phone advice or to take advantage of our free face-to-face consultation, call the expert car accident compensation team at Gerard Malouf today.


Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.