Motor Vehicle Accident Claim Sydney

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… Read More »Why Do I Have to Wait 20 Months to Pursue My Motor Accident Damages Claim?

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

Claiming compensation after a motor vehicle accident can be a very complex process. The introduction of the Motor Accident Injuries Act 2017 (‘MAI Act’) in December 2017 (which replaced the former Motor Accident Compensation Act 1999) introduced a no-fault statutory compensation scheme covering medical treatment expenses and lost wages for a period of up to… Read More »Are You Unrepresented in a CTP Claim?

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 but unfortunately, in many cases, drivers and passengers will also experience injury. Because motor vehicle accidents are common there is a well-established system for dealing with compensation claims by people who… Read More »What to Do After You’ve Had a Motor Vehicle Accident

If you are the ‘at fault’ driver in a New South Wales car crash and need to know where you stand in legal terms, there is good news and bad news. The bad news is that, depending on the circumstances, you could be in big trouble. The good news is that you also have rights.… Read More »What Rights do I have if a Motor Vehicle Accident is My Fault in New South Wales?

While accidents involving motor vehicles are a frequent occurrence in Australia, one of the common misconceptions is that if your accident involves only your vehicle, you can’t claim compensation for any injury you might suffer. Single-vehicle accidents are sometimes referred to as “blameless accidents”, in that no other party is at fault, and can commonly… Read More »Single Vehicle Collision – What Are My Rights?

Have you been injured in a motor vehicle accident since 1 December 2017? If so, your claim is governed by the provisions of the Motor Accident Injuries Act (NSW) 2017. Being involved in a hit and run accident figures as the worst nightmare for most drivers. In such situations it is understandable to have visons… Read More »What to Do After a Hit & Run Accident

After 78 weeks from the date of your accident, you can settle your damages claim with the CTP Insurer. If the CTP Insurer has agreed you are eligible for compensation for your injury, and pain and suffering, then you will receive an offer of settlement for those injuries in addition to any claim you may… Read More »Do You have a Motor Accident Damages Claim (non-minor injury) and You have been Self-represented up until the Present Time?

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 for loss of income for both employed and self-employed injured persons.  Whilst there are generally no difficulties in ascertaining the pre-accident earnings of an employed person, it is now apparent that… Read More »BPC Lawyers – Best Advice from Specialists

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 circumstances of your case dictate the type of compensation you can seek. On top of that, you can’t make a claim based on a simple estimate. Instead, specific methods must be… Read More »How to Calculate Car Accident Injury Compensation for Accidents Occurring Before 1 December 2017

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; and b) that negligence caused or contributed to the accident. But what if you were also partially to blame? When your own carelessness is a factor in a road accident,… Read More »Can I Still Claim Compensation in a Road Accident Matter If I Was to Blame?

It’s something millions of people do every day – probably without a second thought – but in truth, you are risking your life every time you settle into the passenger seat in a motor vehicle. That’s because there’s always a chance that the person driving the car you’re in could do something to cause an… Read More »What Are My Rights as a Passenger Involved in a Car Crash?

If you have been injured in a motor vehicle accident since 1 December 2017, then your claim is governed by the provisions of the Motor Accidents Injuries Act (NSW) (2017). After you have lodged a claim form with the green slip insurer seeking compensation for your injuries, you might have received a letter from the… Read More »What is “MINOR INJURY?”

In this video, Award-Winning Lawyer Scott Hall-Johnson answers the commonly asked questions relating to compensation and cycling accidents. Most importantly, strict time limits apply in these matters and seeking advice promptly is recommended.

After 1 December 2017, if you are a cyclist and have been injured in a collision with a motor vehicle on New South Wales roads, then you will be able to claim damages pursuant to the provisions of the Motor Accidents Injuries Act (NSW) 2017. Your claim can be made against the CTP green slip… Read More »Your Rights as a Cyclist if you have Been Injured on the Roads

Changes to the Rights of Victims of Motor Vehicle Accidents What rights do those injured in Motor Accidents presently have in NSW?  It is compulsory for drivers in New South Wales to hold third-party insurer which covers any injuries covered to any person whilst driving a motor vehicle. The policy is not limited and it… Read More »Proposed Reforms to The CTP Scheme

Australians Alerted To Proposed Changes To Motor Accident Compensation Laws – Press Release BPC Lawyers is a leading Sydney legal practice and accredited specialists in Personal Injury law. In a recent communiqué they make all Australians aware of the proposed changes to motor vehicle compensation laws. The Minister for Innovation and Better Regulation, the Honourable, Victor… Read More »Proposed Motor Accident Compensation Law Changes

Recent Compensation Case There was a recent decision in the New South Wales Court of Appeal involving an application by an injured claimant to set out aside a decision of Supreme Court Judge, Mr Justice Fagan, to refuse the injured person’s application to seek judicial review of a decision by the Proper Officer of the… Read More »Personal Injury Update

“Whiplash associated disorders – (WAD)” A soft tissue injury occurs due to trauma to the human body when the tissues that connect, support or surround other structures and organs of the body are damaged. By definition, soft tissue includes muscles, tendons, ligaments, fascia nerves, fibrous tissues, blood vessels and synovial membranes. Usually, the spine and… Read More »Whiplash associated disorders

Late making of claims under the Motor Accidents Compensation Act (1999): The requirement for a “Satisfactory” explanation  You should refer to our earlier article in relation to the making of late motor accident claims. This paper adds to the topic in relation to the need for an explanation not only to be full, but also… Read More »Satisfactory Explanation For Late Motor Accident Compensation Claim

Can an insurer revise their position? For people injured in a motor vehicle accident in NSW, there are strict time frames for the making of a valid claim for compensation. The 3 most important dates (from the incident) to remember are: 28 days – the need to lodge with the CTP insurer an Accident Notification Form;… Read More »The Importance of the Section 81 Notice

Do I Have To Go To Court To Receive Compensation? Smalley v Motor Accidents Authority of NSW Following the success that Mr Smalley enjoyed in his Court of Appeal victory, the Motor Accidents Authority issued amended Claims Assessment Guidelines which were gazetted on 11 April 2014. The intent of the amendments is that CARS be… Read More »Motor Accident Claims – Do I have to go to Court?

Personal Injury update – Recent compensation case There was a recent decision in the Supreme Court of NSW involving an application by the NRMA Insurance to set aside the decision of a Claims Assessor of the State Insurance Regulatory Authority. The case was IAG Limited trading as NRMA Insurance V. Ozdemir and Ors [2016] NSWSC… Read More »Personal Injury update – Recent compensation case

When you’ve been in a motor vehicle accident as a result of the negligence of another driver, there is generally a clear entitlement to compensation for injured drivers and passengers. But what happens when someone gets injured in a motor accident, and no one is to blame? There was a recent decision in the District… Read More »Is it Possible to Claim Motor Accident Compensation If No One is at Fault?

Extremely important decision for severely injured plaintiffs Rhiannon Gray by her Tutor Kathleen Anne Gray v Richards [2014 HCA 40] On 15 October 2014, the High Court of Australia unanimously allowed, in part, an appeal from the New South Wales Court of Appeal in respect of the methodology to be used to calculate damages for… Read More »BPC Lawyers successful in the High Court of Australia

I hope for your sake that you never have to be cross-examined; it is never an easy or pleasant experience. Questions are often confusing and repetitive and it is difficult in the moment to determine exactly the right words to use.  I have been required to give evidence on several occasions and have never enjoyed… Read More »Cross-Examination: Making Life Easier in the Witness Box

We are pleased to note that we were recently successful in an important decision before the Court of Appeal. On 09 August 2013 the Court of Appeal delivered Judgment in Smalley –v- Motor Accidents Authority of NSW1 which will have a significant impact upon the way that motor accident claims are administered in New South… Read More »Recent Win in the Court of Appeal