Claimant may be entitled to benefits under the Motor Accidents (lifetime care & support) Act 2006. An entitlement will arise for treatment and care under the scheme if the claimant had a spinal cord injury, severe or moderate brain damage, multiple amputations, serious burns or blindness (unless s/he has been awarded damages...
Can a claim be made for injuries resulting from a car accident if negligence is not established?
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.
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...
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...
What does a person injured in a car accident now in NSW need to do?
There are various obligations and time limits, including the following. An injured person’s initial responsibility is to report the accident to police within 28 days, lodge an Accident Notification Form with the green slip insurer of the responsible vehicle within 28 days for injuries causing losses up to $5,000 and...
If a claimant was intoxicated at the time of injury, does this affect his/her claim for injuries caused by the negligence of a defendant?
Section 50 of the Civil Liability Act applies if intoxication impaired the injured person’s capacity to exercise reasonable care and skill for their own safety. There is no entitlement to damages unless the injury, loss or damage would have occurred even if the plaintiff was not intoxicated. If this finding...
What is the threshold (gateway) to obtain compensation for pain and suffering in a motor accident claim?
Greater than 10% whole person impairment. 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.