Are You Eligible to Make A Claim?
The motor accident legislation provides cover for motorbike riders and their pillion passengers to claim compensation for any motorcycle accident injuries sustained as a result of a motorbike accident that was not their fault.
In the event that the motorbike accident is the fault of the rider and a pillion passenger is injured, then the pillion passenger is entitled to make a claim against the CTP insurer for the motorbike rider. The CTP insurer will protect and indemnify the motorbike rider for any claim brought by the pillion passenger.
The purpose of the motor accident legislation is to provide a level of cover sufficient to help a person restore their life to what it would have been had they not been injured. This is done by awarding compensation commensurate with the degree of injury sustained and the consequence of those injuries.
What is Your Next Step?
Once those who have been injured have been provided with proper medical treatment, Brydens Lawyers should be consulted for the purpose of determining whether any claim is available for compensation for the injury sustained.
Brydens Lawyers are the experts in personal injury law. If you are seeking to make a motorcycle accident compensation claim, then we can assist you. For those who are not familiar, the legal system in Australia can be complicated at times. This is why many people seek out expert legal advice from established firms, such as Brydens’ personal injury lawyers, to help them navigate their motorbike accident compensation claim.
What Damages Are You Able To Claim For Motorcycle Accident Injuries?
For motorcycle accidents, compensation or damages may be claimed under the following headings:
Reasonable and necessary treatment expenses: You may make a claim if you require, or will require, treatment for the injuries that you have sustained. 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: You may make a claim for economic losses that have resulted from the injury sustained. If the losses will be carried on into the future after the resolution of your claim, these losses can also be quantified and included in the claim at the time of its resolution. Such claims can be made whether you are employed or self-employed.
Care support or assistance:If you require assistance at home with tasks that you were previously capable of undertaking before the accident, then you may be entitled to a claim for the cost of commercial care providers who will assist. If however your accident occurred prior to 1 December 2017, you may be entitled to claim the value of gratuitous assistance being provided to you by family members and friends. In order to do so, the assistance provided must be for at least 6 hours per week and for 6 months. There is no claim available for the value of gratuitous care and assistance provided by family members and friends for those injured in motor vehicle accidents after 1 December 2017.
Pain and suffering: Non-economic loss for pain and suffering damages caused by the accident sustained may be able to be claimed. However, there are certain requirements. You can only claim for pain and suffering damages (whether on physical or psychological grounds) that have resulted in a whole-person impairment (WPI) greater than 10%. Understanding this rating system can be difficult, so if you require assistance understanding what your WPI percentage may be, the team at Brydens Lawyers can help you.
When Should You Consult A Motorcycle Accident Lawyer About Making A Claim?
If you are seeking motorcycle accident compensation, you need to be aware that strict time limits apply with respect to the lodging of a claim following your involvement in the accident. These time limits are as follows:
The accident must be reported to NSW police within 28 days of having occurred.
If the motorcycle accident occurred before 1 December 2017, then a personal injury claim form must be lodged with the CTP insurer for the vehicle at fault for the accident within six months of the accident occuring.
If the motorcycle 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.
Proceedings must be 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?
For more than 50 years, Brydens Lawyers have been prosecuting personal injury claims on behalf of persons injured in motor vehicle accidents to ensure that they receive the compensation to which they are entitled.
As accident lawyers with a long and respected history in NSW, we have been operating a “No Win – No Fee” policy, which means that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
If you have been injured and are looking to make a motorcycle accident claim, then contact Brydens Lawyers today to find out how we can help you get the compensation you deserve.
