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...
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...