If you are injured in a car accident and are NOT at fault, you
can make a claim for treatment costs, lost wages, rehabilitation
costs and care.
At the scene of the accident, if at all possible, exchange
details with the driver of the vehicle you believe is at fault.
Make sure you get details of:
Make of the vehicle;
Model of the vehicle;
Colour of the vehicle;
Registration number of the vehicle.
If the police did not attend the scene of the accident, you
must report the accident to the police within 28 days and request
that they provide you with an Event Number.
As soon as practically possible, attend your general
practitioner to be examined. They will note your accident in their
clinical records and prescribe any treatment you need.
Contact a lawyer who will assist you in the completion of an
Accident Notification Form. The form includes a medical certificate
which must be completed by your doctor and lodged with the Accident
Notification Form with the driver at fault's CTP insurer within
If you provide the registration number and the make and model of
the vehicle that was at fault to your lawyer they will provide you
with the details of that car's CTP insurer.
Lodging an Accident Notification Form with the insurer does NOT
make a formal claim.
To make a formal claim, you must complete and submit a Personal
Injury Claim Form with the CTP insurer of the driver at fault
within six months of your car accident.
The Personal Injury Claim Form can be lodged at any time prior
to the six month date.
It is important to consult a lawyer to assist in the completion
of the form because an incomplete or incorrect completion of the
form can have dire consequences for your claim.
Most lawyers will act for you on a 'no-win-no-fee' basis
which means there are no upfront costs to you.
The Motor Accidents Act is a minefield of limitation dates which
will have an impact on your claim if one is missed.
It is important to contact a lawyer as soon as possible to help
advise and navigate you through this process.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Australian High Court was recently given an opportunity to consider the reach of the Damage by Aircraft Act 1999 (Cth) in the cases of ACQ Pty Limited v Cook and Aircare Moree Pty Limited v Cook (both of which were heard together).
Given the importance on both contracts and terms of consignment under the HVNL, the safest way is to put it in writing.
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