Australia’s strict car seat laws and third party insurance requirements ensure that victims receives their due compensation when involved in an accident.

whiplash injury

Car accidents are commonplace across the world and Australia is no exception. Fortunately, there are measures that can reduce the seriousness of any injuries they sustain and legislation to enforce these procedures, such as seatbelt laws.

Nevertheless, there is no foolproof way to prevent all instances of car accidents. In these situations, Australia’s legal system allows victims to receive injuries compensation for accidents when they are not at fault.

Why does Australia have car seat laws?

Transport for NSW states that all children up to seven years old in Australia must be correctly restrained according to their size and age. This is in accordance with a joint Australian and New Zealand Standard, finalised in 2010.

According to the Department of Infrastructure and Regional Development, August alone saw 119 road deaths. Car seats can reduce the impact and likelihood of a serious injury arising from an accident.

Roy Morgan Research reported that, as of March this year, 19.1 per cent of motorists had experienced at least one accident while driving in the previous five years. Roy Morgan Research Automotive Industry Director Jordan Pakes reminds drivers of the legal consequences of causing an accident.

“As the number of motorists on Australian roads continues to climb, it is crucial that government authorities keep campaigning to raise awareness about road safety and ensure that drivers who endanger others are penalised appropriately,” says Mr Pakes.

When involved in a serious car crash, pursuing compensation may require the assistance of accident solicitors.

What can you do if you or your child are involved in an accident?

In Australia, if you are involved a motor vehicle accident that was not your fault and you suffered an injury, it is likely that you will be eligible for injuries compensation. This is due to the compulsory third party insurance regulations in Australia.

According to the NSW government, third party insurance allows personal injury lawyers to ensure motor vehicle accidents resulting in harm are adequately compensated. In NSW, you are able to claim benefits on behalf of your injured child regardless of who was at fault.

If you have been involved in an accident, it is likely you are entitled to injuries compensation. Contact the accident solicitors at PK Simpson for advice on the next step to take.

Frequently Asked Questions

A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
A: Motor accident compensation claims are normally finalised after you’ve recovered, or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.

A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.

A: When lodging a claim for compensation after a motor vehicle accident it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.

A: The length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
  • Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.

Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

A: At PK Simpson compensation lawyers we operate on a no-win, no-fee basis. However, for detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW click on this link.