Motor Accident Compensation

Name: Customer Review
Item: BPC Lawyers
Rating: 5
Author: Fiona Pollard

Can I Still Claim For an Accident as a Child?

by Content Manager
9 April 202411 April 2024

Most of the time when we talk about making a compensation claim for a motor vehicle accident or an injury sustained in a public place,Read More »Can I Still Claim For an Accident as a Child?

What Happens When a Foreign Resident is Injured in a Motor Vehicle Accident in NSW

by Content Manager
19 February 2024

Australia’s natural attractions and relative wealth make it a popular destination for foreigners to come to work, study, and to visit. But when an accidentRead More »What Happens When a Foreign Resident is Injured in a Motor Vehicle Accident in NSW

Recent Changes to the Motor Accident Injuries Act 2017

by Content Manager
6 December 20238 April 2024

Recent changes to the motor accident injury scheme that was introduced in NSW in 2017 impact the benefits injured people are entitled to and someRead More »Recent Changes to the Motor Accident Injuries Act 2017

No Fault Accidents – What Are My Rights?

by Content Manager
24 October 2023

While accidents involving motor vehicles are a frequent occurrence in Australia, one of the common misconceptions is that another driver needs to be at faultRead More »No Fault Accidents – What Are My Rights?

Are You Unrepresented in Your Motor Accident Claim?

by Scott Hall-Johnston
5 September 202223 November 2023

There are many reasons a person who is injured in a motor vehicle accident may wish to make a compensation claim on their own. TheyRead More »Are You Unrepresented in Your Motor Accident Claim?

Guideline to Statutory Benefits Under the Motor Vehicle Accident Injuries Act 2017

by Scott Hall-Johnston
26 July 202225 May 2023

If you are injured in a motor vehicle accident, the Motor Vehicle Accident Injuries Act 2017 regulates the benefits that you are entitled to receiveRead More »Guideline to Statutory Benefits Under the Motor Vehicle Accident Injuries Act 2017

Vicarious Liability and What Happens When a Work Vehicle is Involved in a Motor Vehicle Accident

by Scott Hall-Johnston
6 July 20228 April 2024

Some tricky issues can arise if you are involved in an accident while driving a car for work. In most cases your employer will haveRead More »Vicarious Liability and What Happens When a Work Vehicle is Involved in a Motor Vehicle Accident

Minor & Non-Minor Injury Assessments in Road Accident Claims in NSW

by Scott Hall-Johnston
17 May 202222 February 2024

In this podcast, BPC Lawyers Partner and Accredited Personal Injury Law Specialist Scott Hall-Johnston differentiates minor and non-minor injuries and how this assessment is crucialRead More »Minor & Non-Minor Injury Assessments in Road Accident Claims in NSW

The Motor Accident Injuries Act 2017 changed the way in which compensation is payable for injuries suffered in motor vehicle accidents. Previously, the Court would award a ‘once and for all’ payment that included compensation for past and future losses. The common law scheme was changed slightly by the Motor Accidents Compensation Act which provided that the insurer was required to pay for medical expenses as and when they were incurred. The new legislation however breaks the scheme essentially into two parts. Statutory payments which cover medical expenses and care are payable straight away. There is also a weekly payment of compensation payable for some income earners who are unfit for work. That part of the scheme is readily accessible and efficient. The second component to the scheme is a claim for damages. Damages are only payable when the injured party is not mainly at fault in the accident and has suffered a non-minor injury. The damages that are available are past and future economic loss including loss of superannuation benefits and loss of profit. A claim for pain and suffering can also be made provided that the injuries have caused a whole person permanent impairment of greater than 10%. Section 6.14 of the Act states that a claim for damages cannot be made before the expiration of 20 months after the motor vehicle accident. There is however an exception to this rule and that is where the injuries have caused a degree of permanent impairment that is greater than 10%. It is difficult to understand why the legislature would wish to have claims delayed. When the legislation was passed, the government fiercely advocated that claims should be dealt with quickly and that the scheme was set up to have claims resolved without delay. We are, quite frankly, at a loss to understand the reason why this section has been included. Whilst the exception (that is, where the impairment is greater than 10%) may seem to be helpful, it is unlikely to be of great assistance. A whole person permanent impairment cannot be assessed until medical treatment has finished and the injuries have stabilised. Stabilisation requires that the condition is not likely to change by more than 3% in a twelve month period. Therefore, an assessment of the injuries being over the threshold is unlikely to take place until at least a year after the accident and more often until at least 18 months after the accident. The effect of the section therefore is to delay a claim for damages in almost all circumstances. It is unfortunately the case that a damages claim cannot be made until, in most cases, 20 months after the accident has occurred and cannot be settled until two years after the accident. If you would like further advice about your rights or you would like to discuss your situation, please contact one of the lawyers at Beilby Poulden Costello.

Why Do I Have to Wait 20 Months to Pursue My Motor Accident Damages Claim?

by Scott Hall-Johnston
6 August 20217 September 2023

The Motor Accident Injuries Act 2017 changed the way in which compensation is payable for injuries suffered in motor vehicle accidents. Previously, the Court wouldRead More »Why Do I Have to Wait 20 Months to Pursue My Motor Accident Damages Claim?

Minor Injury or Non-Minor Injury? Can I Make a Motor Vehicle Accident Claim?

by Scott Hall-Johnston
22 July 20213 October 2023

One of the most significant changes to motor vehicle accident claims when the Motor Accident Injuries Act 2017 (‘the Act)’ was introduced was the definition of a ‘minor injury’ under the Act. Many commentators argued that this change gave greater power to insurance companies to deny a person’s compensation claim for damages because the insurerRead More »

Are You Unrepresented in a CTP Claim?

by David Ford
9 September 20207 February 2024

Claiming compensation after a motor vehicle accident can be a very complex process. The introduction of the Motor Accident Injuries Act 2017 (‘MAI Act’) inRead More »Are You Unrepresented in a CTP Claim?

What to Do After You’ve Had a Motor Vehicle Accident

by David Ford
15 July 20207 February 2024

On our increasingly busy roads it’s inevitable that motor vehicle accidents occur. In the best-case scenario it’s only the machines involved that are damaged butRead More »What to Do After You’ve Had a Motor Vehicle Accident

What Rights do I have if a Motor Vehicle Accident is My Fault in New South Wales?

by David Ford
3 April 2020

If you are the ‘at fault’ driver in a New South Wales car crash and need to know where you stand in legal terms, thereRead More »What Rights do I have if a Motor Vehicle Accident is My Fault in New South Wales?

What to Do After a Hit & Run Accident

by David Ford
14 October 2019

Have you been injured in a motor vehicle accident since 1 December 2017? If so, your claim is governed by the provisions of the MotorRead More »What to Do After a Hit & Run Accident

Do You have a Motor Accident Damages Claim (non-minor injury) and You have been Self-represented up until the Present Time?

by David Ford
2 September 201916 October 2023

After 78 weeks from the date of your accident, you can settle your damages claim with the CTP Insurer. If the CTP Insurer has agreedRead More »Do You have a Motor Accident Damages Claim (non-minor injury) and You have been Self-represented up until the Present Time?

BPC Lawyers – Best Advice from Specialists

by David Ford
6 August 2019

Are you self-employed and have been injured in a motor vehicle accident after 1 December 2017? The Motor Accidents Injuries Act 2017 provides reimbursement forRead More »BPC Lawyers – Best Advice from Specialists

How to Calculate Car Accident Injury Compensation for Accidents Occurring Before 1 December 2017

by David Ford
30 July 201916 October 2023

In a perfect world, obtaining compensation for injuries sustained in a car accident would be easy. In reality, it’s not. This is because the circumstancesRead More »How to Calculate Car Accident Injury Compensation for Accidents Occurring Before 1 December 2017

Can I Still Claim Compensation in a Road Accident Matter If I Was to Blame?

by BPC
15 July 2019

It is a well-established legal principle that you can seek compensation for injuries sustained in a motor vehicle accident when: a) someone else was negligent;Read More »Can I Still Claim Compensation in a Road Accident Matter If I Was to Blame?

Motor Vehicle Accidents Passenger Rights

What Are My Rights as a Passenger Involved in a Car Crash?

by David Ford
5 November 2018

It’s something millions of people do every day – probably without a second thought – but in truth, you are risking your life every timeRead More »What Are My Rights as a Passenger Involved in a Car Crash?

What is “MINOR INJURY?”

by David Ford
27 August 2018

If you have been injured in a motor vehicle accident since 1 December 2017, then your claim is governed by the provisions of the MotorRead More »What is “MINOR INJURY?”