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CAR ACCIDENT CLAIMS
With an expert team of lawyers specialising in car accident cases, Coastal Compensation can assist with all of your motor vehicle accident claims.
Most car accident injuries in NSW fall under the Green Slip system of Insurance, which is regulated by the Motor Accidents Compensation Act (MACA). In order to obtain compensation under the MACA, you generally need to show that the owner or driver of the motor vehicle was at fault. The Scheme covers anyone injured through the use of a motor vehicle, including drivers of other vehicles, passengers, pedestrians, motorcycle drivers or pillion passengers. In some cases, you may be found guilty of contributory negligence, if you are found or deemed to have contributed to the accident.
Before you can make a claim, you must ensure that the accident has been reported to the Police, within 28 days of its occurrence. If you fail to do this, you won’t be able to make a claim unless you provide a satisfactory reason for the delay in reporting.
There are some special cases where compensation is available even if fault cannot be established.
In cases where there is a blameless accident (e.g. if a driver suffers from sudden illness or a stroke)
For children under 16 years of age
For people who have suffered a catastrophic injury
Although the MACA regime generally operates under a system of fault, you may be able to make a claim under the Workers Compensation Act if you have been injured on the way to or from work, even if the accident was your fault.
However, there are thresholds and caps on the required payouts.
Pain and Suffering
Whether or not you are entitled to compensation for your pain and suffering or interference with your enjoyment depends on whether you are assessed as having a greater than 10% whole-person impairment. It must be over 10% – ten per cent itself is not enough.
If you are deemed to fall on or under the 10% threshold, you are not entitled to compensation, even if the relevant car accident in question has caused change to your lifestyle or there is pain and suffering involved. You are however still entitled to claim for the other losses suffered i.e. wage loss, medical expenses, etc.
If you are found to fall over the 10% threshold, then you may be entitled to compensation. This will be subjectively assessed. There is no scale attached to each percentage; rather, the 10% threshold is the qualifying factor, after which your individual case will be assessed. For some recent case studies on Pain and Suffering claims, click here.
Our team of expert car accident lawyers at Coastal Compensation will make sure you get the most out of your claim. If you have recently suffered from injury due to a car accident, get in touch to discuss your options and get expert advice.