Motor vehicle accidents can have a devastating impact on a person’s quality of life, making it important for those involved to seek appropriate compensation following an accident.
Serious accidents call for specialised compensation advice.
Given these wide-ranging ramifications, anyone who is affected in an accident should consider making a claim for compensation.
The consequences that can accompany an accident on NSW’s roads was seen recently in a case before the District Court. In the dispute, a woman was awarded $746,165 for injuries sustained as a result of a serious vehicle accident.
The woman suffered a range of injuries 10 years ago, after the stationary vehicle she was in was struck from behind. The force of the impact caused her car to collide with the one in front of hers and the woman experienced significant physical trauma.
At issue in the case was whether the woman’s pre-existing medical conditions might have affected the severity of her injuries in the accident. Prior to the collision, the woman had suffered a number of specific health concerns, however the Court was satisfied that these had played no role in her injuries in this case.
The Court also provided judgment on a further issue – namely the conflicting medical advice provided by subsequent medical inspections conducted by doctors and specialists in the years since then.
In the presence of this conflicting advice, the Judge relied on the consistency of the complaints and the unchallenged elements of this evidence to reach a conclusion on the long-term health impact of the accident.
For others who have been involved in an accident, the case underscores just how important it is to have a comprehensive account of the injuries they sustain from an accident before making a claim for compensation. In this case, the woman’s ongoing medical treatment provided a major pillar of her argument, as did the evidence from earlier treatment.
To learn more about making a claim for compensation following a motor vehicle injuries and accident, make sure to consult with specialist compensation lawyers at PK Simpson.
Frequently Asked Questions
When lodging a claim for compensation after a motorcycle accident, it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.
The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical, and you may have more than one TPD claim.
- Motorcycle accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out-of-time claims may be made. New NSW CTP laws have made it difficult for injured people, and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out-of-time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
- Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
Motorcycle accident compensation claims are normally finalised after you’ve recovered or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.
At PK Simpson, our legal service has the best motorcycle accident lawyers who deal with all kinds of motorbike accident claim payouts and compensation, and we operate on a no-win, no-fee basis. Motorcycle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance motorbike accident claims in NSW, so click on this link.
Notify the police as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson motorbike accident lawyers to do so.
You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.
If liability is accepted, the insurer is obliged to pay for the following:
- Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses;
- Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided.
If the CTP insurer denies liability, you should contact your motorbike accident claims solicitors at PK Simpson immediately. To be sure, it’s best to see a lawyer to handle your claim.
Being involved in a motorbike accident can be a stressful experience, so here’s what to do.
- If it’s a minor incident, there’s probably no need to call the police, but move the damaged bike or car involved if possible. Never admit responsibility, even if you think you were at fault.
- If it’s more significant, ensure everyone involved is safe and you are away from traffic. Turn on hazard lights. If needed, call 000 for police and ambulance help if there’s major damage, you or someone else is injured, or debris has blocked the road, or if the other party has not provided their details.
Whether it’s a minor or major motorbike accident, record the following details:
- The date, location and time of the accident.
- The registration number and insurance details of any drivers involved; their full name, address, and contact phone numbers.
- The name, address and phone numbers of any witnesses to the accident.
Make an insurance claim online as soon as you can. Your insurance provider should be able to help to arrange the removal of your motorcycle if necessary.