Expertise

Motor Vehicle Claims in NSW

Motor Vehicle Accident Lawyers in Wollongong

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Compensation Specialists

We provide practical and expert legal advice for motor vehicle accident claims.

Free Case Assessment

If you have the slightest concern, Kells provides a free case assessment of your possible compensation claim.

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This allows you to seek justice without risk. We are fully committed to your case and will work hard to make sure we get the best possible outcome for you.

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Kells will take care of all the legalities for you and help you get each dollar you are entitled to.

Here To Help

Are you involved in a car accident as a driver, passenger, pedestrian, or cyclist? Did this incident result in injuries or discomfort for you? Or perhaps it resulted in an illness that prevents you from returning to your previous role, or working altogether?

The impact of a car accident can last for a lifetime. If you answered yes to any of these questions, there’s a good chance you can make a personal injury motor accident compensation claim. Our motor vehicle accident lawyers in Wollongong can fight for your rights and work tirelessly to secure the financial support you need for recovery.

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Compensation

Area of Expertise

How Can Our “No Win, No Fee” Motor Vehicle Compensation Lawyers in Wollongong Help?

To give yourself the best chance of successfully making a car accident claim, it’s imperative that you or a family member are aware of your rights and begin the process of talking to one of our motor vehicle accident lawyers to guide you.

If you have been involved in an accident with a vehicle, whether as a driver, passenger, pedestrian or cyclist, you may be entitled to damages if it was the fault of the other party. The claim is made on the at-fault green slip Insurer, or if uninsured, the Nominal Defendant.

The benefits and entitlements you may be able to claim depend on the period when the accident occurred. If the accident happened before the 1st of December 2017, your case falls under the Motor Accidents Compensation Act 1999. If the accident transpired after the 1st of December 2017, then you may be able to make a claim under the Motor Accident Injuries Act 2017.

NSW Motor Accident Claims Prior 1st December 2017
The Motor Accidents Compensation Act 1999 (MAC Act) applies to individuals who have suffered a motor accident injury prior to the 1st of December 2017.

What defines a motor accident under the Motor Accidents Compensation Act 1999?

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
- Treatment 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. Even if the accident occurred outside these timeframes, we encourage you to get in touch with our motor vehicle accident lawyers in Wollongong to learn how we can help you.
NSW Motor Accident Claims After 1st December 2017
New legislation came into force known as The Motor Accident Injuries Act 2017.

If you have been injured by a vehicle due to your own fault or the other party’s fault, you may be entitled to compensation.

If you suffer injury due to another party’s fault, you will be entitled to compensation for longer and may have more benefits to claim.

This may be the result of a car accident, truck or bus accident, forklift accident or other machinery accident and may occur as a pedestrian, cyclist, driver or passenger.

There are important timeframes that you need to know:
- You must report the accident to the police within 28 days of the incident
- Your claim should be lodged within 28 days
- If your claim is not lodged within 28 days, then it should be lodged within 3 months of the accident.
Failing to follow the timeframes may result in your claim being denied. Even if you are outside these timeframes, please contact us to understand how we can help you.

If your claim is accepted, you will receive weekly compensation and payment of your reasonable medical expenses.

Once your injury has stabilised, this will determine if you are eligible for non-economic loss (also known as pain and suffering). If your injuries are assessed as minor injuries, your rights to compensation are very limited. You may also be entitled to claim the cost of care to assist you with domestic duties.

However, if your claim is denied, it is essential to seek advice from one of our experienced motor vehicle accident lawyers to learn what your options are.

Death Claims
If someone has died in a vehicle accident, you may be entitled to claim Funeral Expenses and Compensation for dependents. You may also have a damages claim, so it is important to seek legal advice.