14th Mar 2012

Claimant may be entitled to benefits under the Motor Accidents (lifetime care & support) Act 2006. An entitlement will arise for treatment and care under the scheme if the claimant had a spinal cord injury, severe or moderate brain damage, multiple amputations, … more

Since April 2010, negligence does not have to be established if compensation is sought up to $5,000 with an Accident Notification Form. Where death or injury occurs from a “blameless accident” and it involves a vehicle that had insurance cover, it is … more

7th Mar 2012

No. Cases can be exempted from CARS in circumstances including the insurer has declined liability, where the insurer has alleged contributory negligence of at least 25%, where the insurer has declined to indemnify the owner or driver of the motor vehicle and … more

28th Feb 2012

A claim cannot be made unless “due search and inquiry” has been made to establish the identity of the motor vehicle. Decided cases say that the due search and enquiries that have to be made are those that are “reasonable” in the … more

21st Feb 2012

The motor accident legislation is silent on this. However, the NSW Police requires these reports are made in person. See http://www.police.nsw.gov.au/ for more information. This publication is not legal advice. It is intended as a source of information only. No reader … more

7th Feb 2012

Yes, insurers have various duties, including a duty to make a decision on the issue of liability, a duty to make a “reasonable” offer of settlement and a duty to pay reasonably necessary treatment expenses. This publication is not legal advice. It … more

30th Jan 2012

The claimant must provide relevant particulars to enable the insurer to make a proper assessment of the claim. Should the claimant failure to do so for 2 ½ years after the accident, the insurer can make a written direction to the claimant … more

21st Jan 2012

There are various obligations and time limits, including the following. An injured person’s initial responsibility is to report the accident to police within 28 days, lodge an Accident Notification Form with the green slip insurer of the responsible vehicle within … more

Section 50 of the Civil Liability Act applies if intoxication impaired the injured person’s capacity to exercise reasonable care and skill for their own safety. There is no entitlement to damages unless the injury, loss or damage would have occurred … more

Greater than 10% whole person impairment. This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

Motor Vehicle FAQ - AM Legal Compensation Lawyers                                

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