In most cases, you can claim compensation if you are injured in a motor accident and you are a driver of a motor vehicle who is not totally at fault, a passenger, or a pedestrian.
You may also claim some benefits if you are mostly at fault for causing an accident.
Usually a motor accident that occurs on a road or road related area is covered by Compulsory Third Party (CTP) Insurance. A claim is generally made against the CTP insurer of the owner or driver of the motor vehicle at fault.
A claim can even be made if the motor vehicle at fault was not registered or left the accident scene and cannot be located.
A claim form should be submitted within 3 months after the accident.
However, if you have lost wages as a result of your injuries, the CTP insurer needs to receive the claim within 28 days so that income support is paid from the date of injury.
In addition the insurer will pay for all reasonable and necessary medical expenses for injuries including but not limited to:
Benefits can continue up to 6 months and may be extended if:
(a) You are assessed by the insurer to have a non-minor injury; and
(b) You were not mostly at fault for the accident.
If you are not mostly at fault for an car accident and you have a serious injury you may be able to make a common law damages claim in Sydney, NSW.
Damages are limited to:
A claim for common law damages cannot be made before 20 months have passed from the date of accident unless the injuries have resulted in a greater than 10% impairment.
A claim for common law damages must be made no later than 3 years from the date of the motor accident.
The time limits for making a Motor / Car Accident Personal Injury Claim are strict.
To ensure a smooth claims application process you should have:
Frisina Lawyers is a specialised Injury Compensation Law Firm that has been helping victims of motor accidents navigate their claim since 1980.
Mr Anthony Frisina, the principal of Frisina Lawyers is accredited by the Law Society of New South Wales as a specialist in Personal Injury Law and has been practicing in this field for 30 years.
To make sure that you are getting all of your compensation entitlements, you need an expert lawyer on your side.
Frisina Lawyers offer a No Win – No Fee service meaning that your legal fees can be delayed until the successful outcome of your claim so that there is no unnecessary financial burden on you.
Making a claim for compensation benefits can be confusing and often injured workers are not fully appraised of their rights. Frisina Lawyers offers a first consultation free assessment of your claim to provide advice and guidance on the compensation you may be entitled to.