Motor vehicle accidents can have a wide-ranging impact on a person’s wellbeing and ongoing health. Persistent conditions can make it harder to complete even minor daily tasks, while the financial burden of recovery can also weigh heavy on many people.
Fortunately, those injured in a vehicle accident are able to seek compensation from the responsible party’s compulsory third-party vehicle insurance, offering an avenue for those who might not have considered compensation before.
This was the case in a recent legal dispute heard by the District Court of NSW. The legal action followed a collision between two trucks in Prestons, NSW in which one truck was rear-ended by a second one. The driver of the first truck sought compensation for injuries sustained in the accident, with the courts awarding him $731,095.
Central to the case was the question of whether the injuries suffered by the driver of the first truck were the result of the collision or whether there were the result of previous accidents he had experienced.
There was also the question of responsibility – although the driver of the second vehicle stated he had briefly taken his eyes off the road prior to the crash, he contested that a proportion of the liability lay with the driver. In particular, the defence argued that the injured man failed to indicate prior to slowing down and turning, contributing to the accident.
In reaching a judgment, the court determined that the man did appear to have recovered from his pre-existing injuries, making it plausible that his existing wounds were the result of the accident.
The man’s compensation was also composed of a number of different costs, including loss of future earnings and previously lost wages. The court also awarded non-economic losses and a provision for ongoing treatment expenses and domestic assistance.
If you have been involved in an accident and wish to seek compensation for your ongoing expenses, make sure to consult with an accident lawyer. They will be able to provide specialised advice on your case and the process required for receiving a financial settlement following an accident.
Frequently Asked Questions
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: 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.
