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Motor Accident Claims
Claims for compensation in NSW that arise out of the use or operation of a motor vehicle are governed by the Motor Accidents Compensation Act, 1999 (MACA). The MACA gives an individual injured in a car accident rights to compensation for their injuries if the car accident was the fault of another driver.
Our lawyers have over 25 years experience in providing expert legal advice to those injured in motor accidents to guarantee they receive the compensation they are entitled to. Our lawyers work hard to alleviate the pain and suffering that comes with long battles in the court room to get you the best possible outcome from your claim.
Before you start your claim it’s important to know who can claim, what you can claim and how to begin a claim.
- Who can claim?
Motor accident claims are available for:
- Drivers not at fault
- Drivers partially at fault
- Railroad accidents
- Bus accidents
- Boating accidents
Our lawyers are experts at claiming compensation under the MACA, which has become increasingly complex. Your claim needs to be handled by an expert – remember you only get 1 chance. You’ve been injured and the last thing you want to worry about is whether your claim is being handled properly.
- What can I claim?
You may be entitled to compensation for some or all of the following:
Pain and suffering – non-economic loss
Unfortunately, this area has recently received the most attention from governments and law makers, making it ever difficult to claim compensation for your injuries. Current legislation provides the ability for those injured to a serious degree to claim compensation for pain and suffering caused as a result of a motor accident.
Medical and rehabilitation expenses
An individual injured in a motor accident is entitled to be compensated for the costs of all medical expenses deemed reasonable and necessary by the court. Claimants can also make application for any future medical and rehabilitation expenses.
Loss of income and future earning capacity (including superannuation)
If absence from work is a result of a motor accident you may be able to claim past wage loss and/or the loss of business profits. Furthermore, you may be entitled to claim the loss of earnings capacity in the future and also the loss of superannuation benefits.
Domestic and nursing assistance
An individual injured in a motor accident is entitled to be compensated for the value of a carer or nurse provided by family or friends or a commercial supplier.
- Making a claim
It is imperative that compensation claims for motor accidents are commenced at the earliest possible convenience. Important time limits apply in relation to:
Reporting accidents to the police
Motor accidents must be reported to authorities within 28 days of the accident taking place. It’s important for the injured person to attend a police station and report the incident if the police did not attend the scene of the accident.
Lodging your claim
The law requires your claim be lodged with the insurer of the driver at fault within 6 months of the accident. Additionally, the injured individual may also lodge an accident notification form with 28 days with the insurer of the driver at fault which will allow immediate access to benefits for loss of income and medical expenses.
Commencing court proceedings.
Court proceedings relating to your claim must commence within 3 years of the date of the accident. Whilst three years seems like a long period, it’s imperative that proceedings are started sooner rather than later as there are various procedural items to address before official proceedings can commence.