Are You Eligible To Make A Public Transport Injury Claim?
If you have been injured whilst travelling on a bus, tram, train or any other kind of public transport, you may be able to make a public transport accident claim. Under the motor accident legalisation, there is provision for making a claim against a CTP insurer for the public transport vehicle, owner of the vehicle or the Nominal Defendant in certain circumstances.
The Nominal Defendant is an arm of the State Insurance Regulatory Authority that defends claims brought by persons who are injured in accidents where the identity of the driver or owner of the vehicle cannot be ascertained after due enquiry and search. This includes accidents involving vehicles that are either unregistered or cannot be identified through their registration. In order to prosecute such a claim it is still necessary to establish that the driver of the vehicle responsible for the accident was at fault and negligent.
What Is Your Next Step?
Once those who have been injured have been provided with proper medical treatment, Brydens Lawyers should be consulted to determine whether a claim is available for compensation.
The team at Brydens Lawyers has years of experience when it comes to personal injury law. If you are looking to make a public transport accident claim, then we can help you get the compensation you are entitled to. Making a public transport compensation claim can be a complex process that is sometimes stressful. For professional, compassionate legal advice and guidance, make sure you get in touch with the team at Brydens Lawyers.
What Are You Able To Claim?
If you have been injured on public transport, then you may be able to make a claim for compensation. However, you should also note that there are some differences in the type of compensation to which you are entitled depending on how the accident took place.
With respect to a public transport accident, you may claim the following:
Reasonable and necessary treatment expenses: You may be able to claim your medical expenses and treatment expenses 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.
Economic loss or losses of income: If you have suffered economic losses due to the injuries sustained in the public transport accident, then you may also be able to claim these. If the losses are to be carried 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 can make a claim whether you are employed or self-employed.
Care support or assistance: Sometimes, people who have been badly injured require assistance with tasks at home. If you 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, whether it was voluntary or paid. However, if the service provided was voluntary, then it must meet certain thresholds imposed under the legislation before the value of same can be claimed. If reasonable and necessary, the value of the care can also be claimed for the future. Such a claim will depend upon the date of the accident and the nature of the proceedings brought. Not all accidents involving public transport will provide for a claim for the value of gratuitous domestic assistance and care.
Pain and suffering: Depending on the type of public transport accident you were involved in and the damage you suffered, you may be able to claim non-economicloss for pain and suffering. However, there are certain requirements that must be met before such a claim can be brought. Again, it will depend upon the nature of the claim that is being brought as to whether a claim for non-economic loss can be maintained. Some claims will require you to establish that your injuries have resulted in a whole-person impairment (WPI) of greater than 10% before any claim for non-economic loss can be made.
When Should You Consult A Lawyer About Making A Public Transport Accident Claim?
Strict time limits apply with respect to making a claim against a CTP insurer, owner of a vehicle and/or the Nominal Defendant for injuries sustained in an accident involving public transport. In order to make sure you get the compensation you are entitled to, it is best to act as soon as possible.
If you believe you are entitled to compensation due to a public transport accident, then in order to pursue your claim the following matters may require attention:
The accident must be reported to NSW police within 28 days of having occurred, if the police were not already at the scene.
If the 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 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.
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. The personal injury lawyers at Brydens Lawyers are here to help you if you have been injured in a public transport accident and are looking to claim the compensation to which you are entitled.
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.
Public transport accident claims, or any other type of motor vehicle accident claims, are not always straightforward. To ensure you get the compensation you deserve, make sure you speak with the team Brydens Lawyers today.
