People injured in a motor vehicle accident in NSW before 1 December 2017 may still be able to make a CTP claim for damages.
What types of accidents are covered?
Accidents where the death of or injury to a person is caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle where the death or injury is a result of and is caused during:
the driving of a motor vehicle, or
a collision, or action taken to avoid a collision, with the motor vehicle, or
the motor vehicle's running out of control, or
a dangerous situation caused by any of the above.
Claims cannot be made for injuries that occur gradually from a series of incidents.
The injured person may be a passenger in the vehicle at fault, a driver or passenger in another vehicle, a motor cycle rider, pedestrian or cyclist.
No fault claims for blameless accidents and minors
In some cases people are injured in motor accidents where no-one is at fault, eg where the driver of a vehicle has an undiagnosed medical condition which causes them to black out and collide with another vehicle, pedestrian, building etc, or where an animal suddenly runs out on the road requiring the driver to take evasive action.
A driver who's act or omission caused the accident cannot make a claim under the blameless accident provisions.
A child under the age of 16 who is at fault in a motor vehicle accident will generally be entitled to some special damages.
What if the vehicle involved in the accident was not insured?
A claim can be made against the nominal defendant provided the vehicle is registered or meets certain other criteria, for example, the vehicle would have been capable of registration at an earlier time but had run into disrepair.
Accidents in the workplace involving motor vehicles
Injuries in the workplace can be covered too. If the vehicle is uninsured (eg. a forklift in a warehouse) a CTP claim may be made where the accident results from your employer’s negligence.
What type of damages are payable?
Damages can be claimed for things like medical and other treatment expenses, domestic assistance, alterations to property, loss of earnings and future loss of earning capacity.
Damages are only payable for non- economic loss (eg. pain and suffering, loss of enjoyment of life) if you have more than 10% whole person impairment.
Time limits
There are a number of time limits that apply to making claims and proceedings should have been commenced within 3 years of the date of injury. However, the Court has a discretion to extend the time to commence proceedings in certain circumstances.
If you were injured before 1 December 2017, you should seek legal urgent legal advice to maximise your chance of applying for an extension of time.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
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