Motor Vehicle Accidents

Personal injury suffered in motor vehicle accidents can be tragic, pain-stricken and stressful. Often, accident victims are forced to endure countless dealings with insurance companies and state accident authorities. The main pieces of legislation dealing with motor vehicle accidents are the Motor Accidents Compensation Act 1999 (NSW) and the Motor Accident Injuries Act 2017 (NSW).

In general, a person injured in a motor vehicle accident involving one or two motor vehicles (with one of the motor vehicle in motion) is entitled to claim and receive damages, or compensation, where it is established that there is negligence on the part of the driver of a vehicle involved in the collision.

Since 1 December 2017 a person injured in these circumstances is entitled to claim compensation for wage loss and treatment expenses covering a period of 6 months from the date of accident even if that person was the party at fault. The Motor Accidents Compensation Act 1999 which applies to accidents before 1 December 2017 also provide for no-fault claims in certain limited and restricted circumstances. That is, an injured party may be entitled to claim damages in certain limited circumstances as a result of a “blameless motor accident”.

The Nominal Defendant is the statutory body that accepts responsibility for motor accidents involving an unidentified or unregistered motor vehicle.

However, not all incidents involving motor vehicles causing injury to the injured party come within the definition of a “motor accident” under the Motor Accidents legislation . This is where it is important to obtain prompt and professional legal advice to determine whether an injured party is entitled to claim compensation, arising from an incident involving a motor vehicle.

Strict time limits apply to motor vehicle accident claims, whether you are a driver of a motor vehicle, the passenger or a pedestrian on the street. To ensure you don’t miss out on the compensation you may be entitled to, contact us on (02) 9212 2422 or info@tklegal.com and we will provide you with the expert legal advice and representation you deserve.

To be eligible for non-economic loss, or what is generally known as “general damages for pain and suffering” your injuries must exceed 10% whole person impairment. Depending on the date of your injury, you may still be entitled to claim loss of income, domestic care and assistance, past and future medical treatment expenses and other damages arising from your injuries and disabilities sustained in the motor accident even if your injuries do not exceed 10% whole person impairment.

Our panel of medical specialists are able to provide detailed medical reports to be used in relation to claims for damages arising from motor accidents. Of course, our panel of experts include engineers, forensic accountants, occupational therapists and other expert witnesses who may prepare relevant reports as required depending upon the facts and circumstances of each individual claim.

The vast majority of cases are settled and finalised by direct settlement negotiations with the other party and only a small percentage of cases are heard and determined by the Court.

What should you do if injured a Motor Vehicle Accident

If you have been injured as a result of a motor vehicle accident, you should immediately:

  • Report the incident to the police; and
  • Seek medical attention.

If you need any assistance contact one of our lawyers at info@tklegal.com or call +61 2 9212 2422 for a no-obligation discussion and for expert legal advice.