Motor Vehicle Claims
AM Legal Compensation Lawyers specialises in providing advice and representation in motor vehicle claims pursuant to the Motor Accidents Compensation Act.
A claim for damages can be made in respect of death or injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle.
There are special requirements for making a claim following injury in a motor vehicle accident. These requirements must be met within a certain statutory time frame. We can advise and assist injured people to meet their statutory obligations.
Proposed motor vehicle accident compensation law changes
Pre-reform scheme, procedures and damages
Following completion of the injured person’s statutory obligations, the insurer will assess the claim and decide whether to accept liability for the injuries or otherwise. In the event liability is accepted, we carry out the necessary investigations and assemble the best evidence to maximise the damages / compensation that the insurer has to pay in the circumstances of the case.
In the event liability is not accepted, we can provide advice in relation to the issues in dispute and use our expertise to assemble the evidence necessary to ensure that liability is accepted by the court.
If a claim is not settled within 3 years of the date of the accident, proceedings must be commenced in the District Court of New South Wales (if the insurer denies liability) or applications should be lodged with the Claims Assessment and Resolution Service (CARS) (if the insurer accepts liability). Otherwise, the entitlement to commence proceedings and receive compensation may be lost. We ensure that the three year limitation period is diarised and several reminders are put in place. In the event a claim is not resolved within the three year limitation period, we ensure that it has been thoroughly prepared and proceedings are filed within time. Commencing proceedings does not preclude settlement negotiations continuing and we have found that sometimes insurers are more responsive and reasonable once proceedings have been commenced.
Until the claim is accepted by the insurer all treatment fees incurred can be paid through Medicare. These expenses will be repaid to Medicare at the conclusion of the claim. After the claim is admitted by the insurer the fees for all reasonably necessary treatment should be submitted by the doctors and other medical providers directly to the insurer for payment.
Once symptoms have settled and future problems from the accident are reasonably clear, negotiations can be entered into with the insurer for the settlement of the claim. There is an entitlement to payment of:-
a. A payment for pain and suffering in some circumstances.
b. Wages or earnings lost since the time of the accident.
c. Wages or earnings that will be lost in the future.
d. Medical expenses that will be required for future treatment.
e. The value of any services provided in the past by family or friends, subject to certain limitations.
f. The cost of care provided in the home since the accident.
g. The cost of care which may be required in the future.
We can provide further information and advice about these heads of damage (types of compensation) and all aspects of motor vehicle claims.
Please call Antony on 02 9546 8835 for details.