Motor Vehicle Accidents

You may be entitled to make a car accident injury claim if:
1. You were the injured in a motor vehicle crash as a driver, passenger, pedestrian or cyclist.
2. You are immediately related to a family member who died in a car accident that you financially depended on.

You may not be able to claim if:

1. If you were totally at fault (even if you were injured).
2. If the person at fault was not in a motor vehicle (i.e they were a pedestrian or on a bike)
3. If the person at fault was from a different state to yourself.

We understand there are often many factors at circumstances when it comes to car accident claims, and no two incidents are alike. If you would like to discuss your claim with us to determine whether you have a case for compensation, please request a free consultation with us.

Determining fault is the first priority
Before a claim can be pursued, we must first establish who was at fault and by what degree.

Taking statements from the drivers and those involved
Both drivers need to complete a formal statement detailing their take of the accident. Passengers and witnesses may also be required to complete a statement in order to further validate the claim.

How can I tell if I am ‘not at fault’, ‘partially at fault’ or ‘totally at fault’?
If you were partially responsible for the accident, you may still have a claim. However, the degree of your ‘partial’ involvement in the accident will influence the amount of car accident compensation you will be entitled to claim.

– Not at Fault: You were obiding by all road rules and safety measures in the events leading up to and during the incident.

– Partially at Fault: You were abiding by most road rules, except one or a combination of the following:

* Not wearing a seatbelt (or helmet for bikes/motorcycles)
* Under the influence of alcohol
* Speeding
* Not exhibiting reasonable road awareness

– Totally at Fault: The driver showed a significant lack of road awareness, negligence and disregard for road rules and safety which directly resulted in the crash and your injuries.

You may know at heart you were not responisble, and are suffering as a result of another driver’s negligence. Proving this however, takes a deep knowledge of the NSW legal system and how car insurance companies handle claims. If you’re suffering from a car accident injury that was not your fault and need help claiming compensation, please request a free consultation with us.

As a general rule of thumb, the amount of compensation you’re entitled to is the estimated difference in income you will have lost as a result of your injury.You may also be entitled to a figure to compensate for pain and suffering.

If you’ve suffered whiplash or severe physical injury as a result of a car accident, you may be entitled to:

* Medical Care: Medical expenses including hospital visits, professional care, rehabiliation expenses and home visits for medical attention.
* Loss of Income: A figure to compensate for loss of income as a result of not being able to work or having your capacity to work severly affected from your injuries.
* Pain and Suffering: A monetary figure may be calculated to compensate for the pain, stress and disability you have suffered.

As time goes on, proving any sort of compensation claim becomes increasingly difficult.

People’s memories and accounts of incidents become distorted, and facts become more difficult to prove. That’s why it’s essential to act as soon as possible if you have been injured in a car accident that wasn’t your fault, and have had trouble getting proper compensation for your injuries.

Time limits that generally apply to making a car accident claim include:

* You Must Begin your Claim 3 Years from Injury Awareness: For most people, this is the same day of the car accident. After this time period, it may be legally impossible for you to pursue a car accident compensation claim – Even if you were not at fault. A 3 year limitation period also applies to making claims on behalf of family members who have passed away as a result of a fatal motor accident.
* You Have Not Settled within 3 Years of your Accident: If you have begun pursuing your claim within 3 years, if the proceedings go beyond 3 years from your injury date – You need to ensure that your claim is preserved and legible to continue court proceedings. We can help with this.
* You Were Under 18 at the Time of your Injury: Your claim will generally still be legible, though different limitation periods may apply.

We understand how difficult and frustrating claiming compensation for your injuries can be.
We have dealt with every experience imaginable – Insurance companies being unresponsive and difficult to follow up with on claims. Insurers offering unacceptable and paltry payouts. At fault drivers denying their responsibility.

As one of NSW and Sydney’s leading compensation law firms, we have tackled and beaten thousands of motor vehicle accident claims just like yours.

If you’re tired of suffering alone and would like to work with a team of compensation lawyers who genuinely care about your claim – Speak with us today. Please visit our free consultation page to fill out our online form or contact us via phone.