I have been injured in a motor vehicle accident: what do I need to do?



Strict time frames apply, so this is a brief outline of the process involved in lodging a motor vehicle accident claim
Australia Litigation, Mediation & Arbitration
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People involved in motor vehicle accidents can suffer from both physical or psychological injuries, and often a combination of both. These injuries impact not only the person involved in the accident, but also their family and friends. Sadly, the number of car accidents on our roads continues to grow each year.

If you or anyone you know has been injured in a motor vehicle accident, you should contact a lawyer immediately for advice. This is because there are very strict timeframes in a motor vehicle accident claim.

Who is eligible to lodge a claim for compensation?

Under the current compensation scheme for car accidents, a person can claim benefits regardless of whether they were responsible for causing the accident. Those who are "at fault" have less benefits available to them, when compared to those who were not at fault.

Those who are entitled to compensation as a result of injuries sustained from a motor vehicle accident include not only a driver, but also a passenger, rider or pedestrian.

Further, family members who have lost a loved one in a fatal motor vehicle accident may be entitled to claim compensation.

The first step is to contact lawyers. At Kells, we have a team of very experienced personal injury solicitors who can readily assist on a 'No Win, No Fee' basis.

The following steps are a brief outline of the process involved in lodging your motor vehicle accident claim:

(1) Report to Police

You must report the accident to the Police within 28 days of the date of the accident. You will then be given an event number which will enable us to request a Police report relating to the accident.

(2) Relevant Forms

An Accident Notification Form may be lodged with the compulsory third party (CTP) within 28 days of the date of an accident. You may be entitled to up to $5,000 in expenses.

An Application for Personal Injury Benefits form (also called a "claim form") should be lodged within 28 days from the date of an accident, as this will enable "back pay" for lost wages caused by the accident. If you do not meet that 28-day time limit, then you may still lodge the claim within 3 months of the date of the injury; however, there will be no back payments for loss of earnings. All claims must be lodged within the initial 3 months.

The team at Kells can assist you with completing and lodging these documents.

(3) Certificate of Fitness

You will also need to visit your treating medical practitioner and request that they complete a NSW Certificate of Fitness. This document will be sent to the CTP insurer with the claim form.

(4) Other strict time limits

Court proceedings must be commenced within 3 years from the date of an accident. This timeframe can be extended in certain circumstances, but it is difficult to do so.

If you or anyone you know has been involved in a motor vehicle accident, you should contact the team at Kells as soon as possible for comprehensive and accurate legal advice.

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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