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...

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.

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...

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...