MOTOR VEHICLE ACCIDENT PORT MACQUARIE
If you have been Involved in a vehicle accident caused by someone else’s negligence -whether you are a driver, cyclist, pedestrian or motorcyclist, you can rely on Roger Firth to deal with your case effectively.
Compulsory Third Party insurance – usually referred to as CTP or ‘greenslip’ insurance, is something all vehicles are required to be covered by in all states within Australia. It provides the driver cover for any legal liability for injury and death as a result of an accident for which the insured is responsible.
It applies from the ‘use or operation of a motor vehicle during;
(a) the driving of the vehicle, or
(b) a collision, or action taken to avoid a collision, with the vehicle, or
(c) the vehicle’s running out of control, or
(d) 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.
It is important to report the accident to police within 28 days and you need to claim within 3 months of the accident. If you claim within 28 days, you can get back pay to date of accident. If you need to make a CTP claim, we need to know the insurer of the vehicle you believe is most at fault. If you don’t know which insurer that is, we can find out for you.
You won't need to include any formal documents or detailed descriptions. All you'll need at this stage is:
The compensation is called Personal injury benefits – which can be can be income support payments, medical expenses and/or vocational rehabilitation programs while you recover.
If you are not at fault and are more seriously injured in a motor accident you may be eligible to make a common law damages claim and receive lump sum compensation.
Common law damages for lump sum compensation is limited to people who:
A claim for common law damages must be made within three years of the date of the motor accident.
If your injuries are assessed as 10% or less permanent impairment, you must make your claim between 20 months and three years after the accident.
If your injuries are assessed as more than 10% permanent impairment, you can make your claim any time within three years from the date of accident.
There are two types of lump sum compensation that may be awarded as damages for injury from a motor vehicle accident:
- damages for economic loss
- damages for non-economic loss (only for those with greater than 10% permanent impairment).
The amount of damages may be reduced if you were partly responsible for causing the accident or your injuries. This is called ‘contributory negligence’, eg if you were injured and another driver was at fault but you were not wearing a seat belt.
- Economic loss
This is usually past or future loss of earnings or reduced ability to earn due to your injuries. This may include any impact on your superannuation income like;
- damages for past economic loss due to loss of earnings
- damages for future economic loss due to the deprivation or impairment of earning capacity
- damages for costs relating to accommodation or travel incurred or likely to incur as a result of injury (not being the cost of treatment and care)
- damages for the cost of the financial management of damages that are awarded2. Non-economic loss
- Non-Economic Loss
Non-economic loss is compensation for pain and suffering, loss of amenities of life, reduced life expectancy and/or disfigurement.
Non-economic loss can only be claimed if the degree of permanent impairment caused by the accident is more than 10%.
Common law claims and weekly income payments
If you do not make a claim for common law damages, the longest period you can receive weekly benefits for loss of income is two years.
The amount of extra time that weekly benefits for loss of income can continue also depends on whether the degree of permanent impairment caused by the accident is more than 10%.
A person with 10% or less permanent impairment:
- Can only make a common law damages claim from 20 months after the date of accident.
- May be eligible to claim past and future economic loss.
- May continue to claim weekly benefits for loss of income for up to three years from the date of accident or until the common law damages claim is settled.
A person with more than 10% permanent impairment:
- Can make a common law claim for damages at any time.
- May be eligible to claim past and future economic loss and non-economic loss.
- May continue to claim weekly income benefits for up to five years from the date of accident or until the common law damages claim is settled.
CTP Insurance can also cover you if the vehicle was not insured by providing an action for the recovery of damages for the death of or injury caused by the fault of the owner or driver of a motor vehicle that is not an insured motor vehicle in the use or operation of the vehicle on a road in New South Wales may be brought against the Nominal Defendant.
(2) Any such action may be brought despite the fact that the owner or driver of the motor vehicle is dead or cannot be found or is the spouse of the person whose death or to whom injury has been caused.
(3) In respect of any such action, the Nominal Defendant is liable as if it were the owner or driver of the motor vehicle.
(4) If the motor accident resulting in the death of or injury to a person occurred on land that is a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 because it is an area that is open to or used by the public for driving, riding or parking vehicles, there is no right of action against the Nominal Defendant under this section if at the time of the motor accident the person was a trespasser on the land.
Where the vehicle cannot be identified an action for the recovery of damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle on a road in New South Wales may, if the identity of the vehicle cannot be established, be brought against the Nominal Defendant.
(2) A claim cannot be made against the Nominal Defendant under this section unless due inquiry and search has been made to establish the identity of the motor vehicle concerned