Motor Accident Claims Prior 1st December 2017
To stand the best chance of successfully making a road accident claim, it’s imperative that you or a family member are aware of your rights and start the process of talking to one of our compensation lawyers to help you.
If you have been involved in an accident with a vehicle, you may be entitled to damages if it was someone else’s fault. The claim is made on the at fault green slip Insurer, or if uninsured, the Nominal Defendant.
What defines a motor accident?
An incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person, where the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during:
- The driving of the vehicle
- A collision, or action taken to avoid a collision, with the vehicle
- The vehicle’s running out of control
- A dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
This extends to:
- The maintenance or parking of the vehicle
- The use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it
- In the case of a motor vehicle that is a tow truck-the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.
You may also be a pedestrian, cyclist, driver or passenger. There are many forms of motor accidents including forklifts so it is important to get advice.
Damage is calculated by:
- The extent of your permanent impairment
- Time off work and any income loss
- How your injury affects your future ability to work
- Treatments costs now and in the future
- Whether you require assistance at home to perform domestic duties.
You are required to report the accident within 28 days and lodge a Personal Injury Claim Form within 6 months of the injury.
We pride ourselves on making the process as easy and as simple as possible. Call our compensation team today to book a free consultation on +61 2 4221 9311.
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