Since April 2010, negligence does not have to be established if compensation is sought up to $5,000 with an Accident Notification Form. Where death or injury occurs from a “blameless accident” and it involves a vehicle that had insurance cover, it is deemed that the accident resulted from the fault of the owner...
Do all car accident cases proceed to the Claims Assessment & Resolution Service?
No. Cases can be exempted from CARS in circumstances including the insurer has declined liability, where the insurer has alleged contributory negligence of at least 25%, where the insurer has declined to indemnify the owner or driver of the motor vehicle and where the insurer alleges fraud. This publication is not legal...
What happens if a person injured in a car accident does not know the identity of the vehicle / driver at fault?
A claim cannot be made unless “due search and inquiry” has been made to establish the identity of the motor vehicle. Decided cases say that the due search and enquiries that have to be made are those that are “reasonable” in the circumstances. They have to be prompt and as thorough as possible...
How does a person injured in a car accident in NSW have to make the report to Police?
The motor accident legislation is silent on this. However, the NSW Police requires these reports are made in person. See http://www.police.nsw.gov.au/ for more information. This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.
Does a court have to reduce an award of damages because the injured person is deemed by legislation to have contributed to the injuries / losses?
Yes, in accordance with Section 138 of the Motor Accident’s Compensation Act (NSW) 1999 the court must make a finding of contributory negligence in certain circumstances including the injured person was driving under the influence of alcohol or drugs (convicted of a drinking/drug offence) unless it can be proven that intoxication did...
Do green slip insurers in NSW have any duties?
Yes, insurers have various duties, including a duty to make a decision on the issue of liability, a duty to make a “reasonable” offer of settlement and a duty to pay reasonably necessary treatment expenses. This publication is not legal advice. It is intended as a source of information only. No reader...
Is an injured worker entitled to wages compensation if s/he is partially unfit for work?
The injured worker can recover “make-up pay” provided the Workers Compensation Commission finds the following i) determines the probable earnings but for injury; ii) determine current earnings or ability to earn on the open labour market; iii) subtract the figure in step ii) from the figure in step i); iv) decide in accordance...
What obligations are imposed on a claimant by the Motor Accidents Compensation Act 1999 (NSW) to co-operate with the insurer and what are the consequences of failing to co-operate?
The claimant must provide relevant particulars to enable the insurer to make a proper assessment of the claim. Should the claimant failure to do so for 2 ½ years after the accident, the insurer can make a written direction to the claimant to do so within two months and if the claimant...
When does an injured worker have to make a claim?
A claim must be made within six months. In any event it is not a bar to a claim for compensation if the failure was occasioned by ignorance, mistake or absence from the state and a claim is made within three years of the injury or death or the claim is not...
Who can make a workers compensation claim in NSW?
The workers compensation legislation says that compensation is only payable in respect of employment connected with NSW. It says that a worker’s employment is connected with a) the state in which s/he usually works; b) if one can’t identify a state under a) then the state in which the worker is usually...