Are You Eligible To Make A Claim?
Under the motor accident legislation (Motor Accident Injuries Act 2017), there is a provision for the making of a claim against the Nominal Defendant. The Nominal Defendant is an arm of the State Insurance Regulatory Authority (SIRA) that defends claims brought forward by persons who are injured in accidents where the identity of the driver or owner of the vehicle cannot be confirmed. This includes vehicles and their drivers involved in hit and run accidents.
In order to prosecute such a claim, it is still necessary to establish that the driver of the vehicle responsible for the hit and run accident was “negligent”. That is, running from the scene of the accident is not enough to establish liability on the part of the driver of the vehicle; evidence needs to be obtained to prove that the driver’s negligence is what caused the accident. In one of these types of claims, you do not need to prove that the driver of the vehicle left the scene of the accident, only that they are at fault for the accident.
What Is Your Next Step?
Once those who have been injured have been provided with proper medical treatment, make sure you consult Brydens Lawyers to determine whether you can claim compensation.
The team at Brydens Lawyers have years of experience prosecuting claims on behalf of hit and run victims. If you have been involved in a motor vehicle accident that was not your fault, then our personal injury lawyers can help you make a compensation claim. Make an appointment with us today to find out what you may be entitled to.
What Are You Able To Claim?
If you have been injured in a motor vehicle accident, then you may be able to make a claim for compensation in the following areas:
Reasonable and necessary treatment expenses: If you have had to seek treatment for your injuries, or will need to seek them in the future, then you may be able to make a claim for your treatment and medical expenses. This includes the cost of attending a doctor or specialist, physiotherapy, counselling, surgical procedures and hospital fees for accidents occurring before 1 December 2017.
Economic loss or losses of income: If you have suffered economic losses due to the injuries sustained because of the public transport accident, then you may also be able to claim these. If the losses will be carried on into the future after the resolution of your claim, then they can also be included in the claim at the time of its resolution. You are able to make a claim whether you are employed or self-employed.
Care support or assistance: If you have been injured as a result of a motor vehicle accident and now need assistance for tasks you were previously performing unaided, then you may be able to make a claim for the value of the assistance. You can make a claim whether this assistance was voluntary or paid. However, if the service provided was voluntary, then it must meet certain thresholds imposed by the legislation. If reasonable and necessary, the claim for the value of care can also be made for the future, whether it is being provided on a voluntary or commercial basis for accidents occurring before 1 December 2017. These claims are not available for persons injured after 1 December 2017. However, you may still be able to claim for the cost of commercial care providers if required.
Pain and suffering: You may be able to claim non-economicloss for pain and suffering due to the motor vehicle accident you were involved in. It should be noted that there are certain requirements related to claiming for pain and suffering. Whether physical or psychological, you can only claim for pain and suffering damages that have resulted in a whole-person impairment (WPI) greater than 10%. If you need assistance understanding the WPI percentage rating system, Brydens Lawyers can help you.
When Should You Consult A Lawyer About Making A Claim?
Strict time limits apply with respect to the making of a claim as against the Nominal Defendant for injuries sustained in a hit and run accident. In order to make sure you get the compensation you’re entitled to, it’s best to act as soon as possible. Make sure you bring your claim forward according to the below guidelines:
If the accident occurred before 1 December 2017, then a personal injury claim form must be lodged with the compulsory third party (CTP) insurer for the vehicle at fault for the accident within six months of the accident occuring.
If the accident occurred after 1 December 2017, then an Application for Personal Injury Benefits must be lodged with the CTP insurer for the vehicle at fault for the accident within three months of the accident occurring.
If the police were not already at the scene, then the accident must be reported to NSW police within 28 days of occurring.
It is critical that proceedings are commenced within three years of the date of the accident otherwise the claim could be statute barred.
Why Are Brydens Lawyers The Right Representation For You?
Brydens Lawyers has a 50-year history of prosecuting personal injury claims on behalf of our clients. This includes motor vehicle accidents and hit and run incidents.
At Brydens Lawyers, we operate a “No Win – No Fee” policy. This means that if a personal injury or compensation client is unsuccessful in their claim, then we do not get paid. More information about how this works can be found on our No Win – No Fee page.
Motor vehicle accident claims are not always straightforward, especially if you are seeking hit and run accident compensation. To ensure you get the compensation you deserve, make sure you speak with the team Brydens Lawyers today.
