Navigating the Process: Pursuing a Claim for Damages Following a Motor Vehicle Accident in NSW

A motor vehicle accident can be a harrowing experience.  They often result in the victim dealing with, not only with physical injuries, but also with the financial burdens that follow. Fortunately, the legal system in NSW provides avenues for those who have been injured to seek compensation.  In circumstances where the injury occurred as a result of the fault of someone else, the victim is entitled to seek damages. Understanding the process of pursuing a claim for damages following a motor vehicle accident is crucial for ensuring that victims receive the support they need to recover and move forward with their lives.  We at Veritas Law Firm are experts in this field.  We can ensure that you receive the compensation you are entitled to.

When involved in a motor vehicle accident in NSW, the first priority is always ensuring the safety and well-being of everyone involved. Once safety concerns have been addressed and medical attention sought, if necessary, it's essential to gather as much information about the accident as possible. This includes obtaining details such as the names and contact information of all parties involved, insurance information, vehicle registration numbers, and the contact details of any witnesses.

The next step is to report the accident to the NSW Police Force.  This is especially important if there has been significant property damage, injury, or death. A police report can be used as crucial evidence in any subsequent legal proceedings and can help establish the circumstances surrounding the accident.  Unfortunately, NSW Police policy is that an officer will not attend unless:

·       they are needed to direct traffic or deal with hazards,

·       where any drivers appear to be affected by alcohol or drugs.

·       a bus or truck needs to be towed, or

·       when a driver involved has failed to exchange details.

Following the accident, it's strongly recommended that you call one of our qualified personal injury lawyers who specialise in motor vehicle accident claims. We will guide you through the complexities of the legal process, assess the strength of your case, and advocate on your behalf to ensure that you receive fair compensation for your damages.

In NSW, motor vehicle accident claims are typically pursued through the Compulsory Third Party (CTP) insurance scheme. Under this scheme, all registered vehicles are required to have CTP insurance, which provides compensation for personal injuries sustained in motor vehicle accidents, regardless of who was at fault.

To initiate a claim, your lawyer will help you complete and lodge the necessary forms with the relevant CTP insurer within the prescribed time limits. It's important to note that strict time limits apply to lodging a claim for compensation following a motor vehicle accident in NSW, so it's essential to act promptly to protect your rights.

Once your claim has been lodged, the CTP insurer will conduct an investigation into the circumstances of the accident and assess the extent of your injuries and damages. This may involve obtaining medical reports, conducting interviews, and reviewing other relevant evidence.

During this process, your lawyer will negotiate with the CTP insurer on your behalf to reach a fair settlement agreement. If a settlement cannot be reached through negotiation, your lawyer may recommend pursuing the matter through the NSW Personal Injury Commission.

In NSW, motor vehicle accident claims are subject to a statutory threshold known as the "threshold injury". Under this threshold, compensation for pain and suffering is limited for threshold injuries which are considered by the scheme to be "minor" or "soft tissue" injuries, such as whiplash.

It's important to note that pursuing a claim for damages following a motor vehicle accident in NSW can be a complex and time-consuming process. However, with the right legal representation and support, victims can navigate the process effectively and secure the compensation they deserve.

If you've been injured in a motor vehicle accident in NSW due to the negligence of another party, you have the right to pursue a claim for damages to cover your medical expenses, lost income, pain and suffering, and other losses. By understanding the process involved and seeking legal advice from a qualified personal injury lawyer at Veritas Law Firm, you can protect your rights and maximise your chances of obtaining fair and just compensation for your injuries.